Santa Cruz — Local Rules effective July 1, 2026

Source: https://www.santacruz.courts.ca.gov/system/files/local-rules/santa-cruz-superior-court-local-rules-court-july-1-2026-final.pdf

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CRUZ

Rules of Court

Effective July 1, 2026

www.santacruzcourt.org

HOW TO NAVIGATE THE LOCAL RULES

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Superior Court of California County of Santa Cruz

Table of Contents DIVISION ONE -- GENERAL RULES......................................................................................... 1

Rule 1.1 ADMINISTRATION AND DISTRIBUTION OF BUSINESS ................................... 1

Rule 1.1.01 Application of Local Rules .................................................................................. 1 Rule 1.1.02 California Rules of Court ..................................................................................... 1

Rule 1.1.03 Presiding Judge of Superior Court ....................................................................... 1

Rule 1.1.04 Assistant Presiding Judge..................................................................................... 1

Rule 1.1.05 Department Assignments ..................................................................................... 1

Rule 1.1.06 Calendar [REVOKED] ........................................................................................ 3

Rule 1.1.07 Duties of the Presiding Judge ............................................................................... 3

Rule 1.1.08 Executive Officer and Clerk of the Superior Court ............................................. 3

Rule 1.1.09 Definition of a Judge’s Vacation Day .................................................................. 3

Rule 1.1.10 Elisors................................................................................................................... 3

Rule 1.1.11 Prevention of Bias Committee ............................................................................. 6

Rule 1.2 DOCUMENTS PRESENTED FOR FILING ............................................................... 6

Rule 1.2.01 Clerks' Offices - Hours of Operation ................................................................... 6

Rule 1.2.02 Requests for Copies ............................................................................................. 7

Rule 1.3 ELECTRONIC FILING ............................................................................................... 7

Rule 1.3.01 Electronic Filing General ..................................................................................... 7

Rule 1.3.02 Electronic Filing Criminal Master Calendar ........................................................ 9

Rule 1.4 REMOTE APPEARANCES ........................................................................................ 9

Rule 1.4.01 Appearances in Non-Criminal Including Civil, Small Claims, Family, Restraining Orders, Probate, LPS, Juvenile Dependency and Juvenile Justice .................... 10

Rule 1.4.02 Appearances in Criminal Departments .............................................................. 10

Rule 1.4.03 Appearances in Traffic and Minor Violation Departments [REVOKED] ......... 10

Rule 1.4.04 Appearances in the Appellate Division .............................................................. 11 Former Rule 1.4.04 Appearances in Juvenile Justice [REVOKED] See Rule 1.4.01 ........... 11

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Rule 1.4.05 Public and Media Access to Remote Proceedings ............................................. 11

Rule 1.5 PHOTOGRAPHY, BROADCASTING AND RECORDING ................................... 12

Rule 1.5.01 Photography, Broadcasting, and Recording in Courthouses, Courtrooms, and other Court Controlled Spaces ............................................................................................... 12 DIVISION TWO - CIVIL RULES ............................................................................................... 14

Rule 2.1 CASE MANAGEMENT ............................................................................................ 14

Rule 2.1.01 Initial Contact ..................................................................................................... 14

Rule 2.1.02 Cross Complaints ............................................................................................... 14

Rule 2.1.03 Continuances of Case Management Conference ............................................... 14

Rule 2.1.04 Request to Advance Case Management Conference ......................................... 15

Rule 2.2 SETTING CASES FOR TRIAL ................................................................................. 15

Rule 2.2.01 Requests for Trial Settings ................................................................................. 15

Rule 2.2.02 Long Cause Trials .............................................................................................. 15

Rule 2.2.03 Short Cause Trials .............................................................................................. 16

Rule 2.2.04 Settlement Conferences [REVOKED] ............................................................... 16

Rule 2.2.05 Settlement Conference Statement [REVOKED] ............................................... 16

Rule 2.2.06 Trial Briefs in Civil Cases .................................................................................. 16

Rule 2.2.07 Continuances of Trials ....................................................................................... 17

Rule 2.2.08 Complex Litigation ............................................................................................ 18

Rule 2.3 COMPROMISE OF MINORS' CLAIMS .................................................................. 18

Rule 2.3.01 Petition ............................................................................................................... 18

Rule 2.3.02 Attorney Fees [REVOKED] .............................................................................. 18

Rule 2.3.03 Order .................................................................................................................. 18

Rule 2.4 LAW & MOTION CALENDAR ............................................................................... 19

Rule 2.4.01 Setting Hearings ................................................................................................. 19

Rule 2.4.02 Requests for Continuances ................................................................................. 19

Rule 2.4.03 Argument and Oral Testimony at Law and Motion Calendar ........................... 19

Rule 2.4.04 Informal Discovery Conference: Civil Cases .................................................... 20 Former Rule 2.4.04 Appearance at Hearing [REVOKED] ................................................... 20

Rule 2.4.05 Orders and Stipulations for County Funds [REVOKED] .................................. 20

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Rule 2.4.06 Orders for Funds Held in Interest Bearing Account .......................................... 21

Rule 2.4.07 Calendaring Demurrers and Motions to Strike in Unlawful Detainer Cases ..... 21

Rule 2.5 MOTIONS FOR SUMMARY JUDGMENT [REVOKED] 1/1/09 ........................... 21

Rule 2.6 MOTIONS FOR APPROVAL OF CLASS ACTION SETTLEMENT ..................... 21

Rule 2.6.01 Motions for preliminary and final approval of class action settlements ............ 21

Rule 2.7 TELEPHONE APPEARANCES [REVOKED] 1/1/21 .............................................. 22

Rule 2.7.01 Telephone Appearances [REVOKED] .............................................................. 22

Rule 2.7.02 Program Overview [REVOKED] ...................................................................... 22

Rule 2.7.03 Participation in CourtCall Appearances [REVOKED] ...................................... 22

Rule 2.7.04 Appearance Procedure [REVOKED] ................................................................. 22

Rule 2.8 MISCELLANEOUS LAW AND MOTION RULES................................................. 22 Rule 2.8.01(Reserved) ........................................................................................................... 22

Rule 2.8.02 Attorney Fees ..................................................................................................... 22

Rule 2.8.03 Stipulation to Commissioners ............................................................................ 23

Rule 2.8.04 Exhibit Formatting ............................................................................................. 23

Rule 2.9 EX PARTE MATTERS .............................................................................................. 23

Rule 2.9.01 Ex Parte Actions in General Civil Cases ........................................................... 23

Rule 2.9.02 Ex Parte Restraining Order Requests ................................................................. 25

Rule 2.9.03 Ex Parte Requests in Unlawful Detainers .......................................................... 25

Rule 2.9.04 Matters Not Appropriate For Ex Parte Procedure .............................................. 27

Rule 2.10 TENTATIVE RULINGS .......................................................................................... 28

Rule 2.10.01 Civil Tentative Rulings .................................................................................... 28

Rule 2.11 CASES INVOLVING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ................................................................................................................................................... 29

Rule 2.11.01 Form and Format of the Administrative Record .............................................. 29

Rule 2.11.02 Lodging of the Administrative Record ............................................................ 29

Rule 2.11.03 Disputes Regarding the Contents of the Administrative Record ..................... 30

Rule 2.11.04 Trial Notebooks................................................................................................ 30

Rule 2.11.05 Administrative Record Excerpts ..................................................................... 30 DIVISION THREE – FAMILY LAW ......................................................................................... 31

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Rule 3.1 GENERAL RULES .................................................................................................... 31

Rule 3.1.01 Local Civil Rules Applicable to Family Law .................................................... 31

Rule 3.1.02 Telephone Appearance [REVOKED] ................................................................ 31

Rule 3.1.03 Meet and Confer Requirement ........................................................................... 31

Rule 3.1.04 Completion of Forms ......................................................................................... 31

Rule 3.1.05 Initial Status Conference .................................................................................... 32

Rule 3.1.06 Status Conference .............................................................................................. 32

Rule 3.1.07 Trial Continuances ............................................................................................ 33

Rule 3.1.08 Settlement Conferences ...................................................................................... 33

Rule 3.1.09 Judicial Mediation .............................................................................................. 36

Rule 3.1.10 Trial .................................................................................................................... 37

Rule 3.1.11 Stipulation to Commissioner .............................................................................. 37

Rule 3.1.12 Stipulation to Drop/Request to Reset Motions and OSC [REVOKED] ............ 37

Rule 3.1.13 Ex Partes in Family Law .................................................................................... 37

Rule 3.1.14 Service by Publication or Posting for Summons ............................................... 39

Rule 3.1.15 Assignment of Cases and Challenges to Assigned Judge .................................. 39

Rule 3.1.16 Request for Continuances .................................................................................. 40

Rule 3.1.17 Domestic Violence Coordination Protocol ........................................................ 41

Rule 3.2 FINANCIAL ISSUES ................................................................................................ 42

Rule 3.2.01 Financial Issues - General Rules ........................................................................ 42

Rule 3.3 CUSTODY ISSUES ................................................................................................... 43 Rule 3.3.01 (Reserved) .......................................................................................................... 43

Rule 3.3.02 Child Custody Recommending Counseling (CCRC)......................................... 43

Rule 3.3.03 Child Custody Evaluations................................................................................. 44

Rule 3.3.04 Communication .................................................................................................. 47

Rule 3.3.05 Referrals ............................................................................................................. 47

Rule 3.3.06 Private Mediation ............................................................................................... 47

Rule 3.3.07 Complaint Process.............................................................................................. 47

Rule 3.3.08 Processing and Maintaining Reports and Declarations from Supervised Visitation Providers ............................................................................................................... 48

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Rule 3.4 CO-PARENT COURSE ............................................................................................. 50

Rule 3.4.01 Co-Parenting Course .......................................................................................... 50

Rule 3.4.02 Attendance ......................................................................................................... 50

Rule 3.4.03 Co-Parenting Course Information Sheet ............................................................ 51

Rule 3.5 OFFICE OF FAMILY LAW FACILITATOR ........................................................... 51

Rule 3.5.01 Duties ................................................................................................................. 51

RULE 3.6 TIME TO PREPARE ORDERS/JUDGMENTS ..................................................... 51

Rule 3.6.01 Order Preparation ............................................................................................... 51

RULE 3.7 COURT REPORTER .............................................................................................. 52

Rule 3.7.01 Court Reporters [REVOKED] incorporated into Rule 9.1.02 ........................... 52

Rule 3.8 COUNSEL FOR MINOR CHILDREN ..................................................................... 52

Rule 3.8.01 Appointment of Counsel .................................................................................... 52

Rule 3.8.02 Complaint Process.............................................................................................. 52 DIVISION FOUR - PROBATE RULES ...................................................................................... 53

Rule 4.1 PROBATE GENERAL RULES ................................................................................. 53

Rule 4.1.01 Applicability of Rules ........................................................................................ 53

Rule 4.1.02 Appearances ....................................................................................................... 53

Rule 4.1.03 Probate Attorney's Office ................................................................................... 53

Rule 4.1.04 Trial on Contested Matters ................................................................................. 54

Rule 4.1.05 Correction of an Order ....................................................................................... 54

Rule 4.1.06 Petitions and Status Reports ............................................................................... 55

Rule 4.1.07 Orders ................................................................................................................. 55

Rule 4.1.08 Ex Parte Matters – Probate................................................................................. 55

Rule 4.1.09 Blocked Accounts .............................................................................................. 57

Rule 4.1.10 Appointment of Probate Referee........................................................................ 57

Rule 4.1.11 Supporting Documents ....................................................................................... 58

Rule 4.2 PROBATE OF ESTATES .......................................................................................... 58

Rule 4.2.01 Letters of Special Administration ...................................................................... 58

Rule 4.2.02 Petitions for Appointment .................................................................................. 58

Rule 4.2.03 Declination of Executor ..................................................................................... 59

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Rule 4.2.04 Duties and Liabilities of Personal Representative ............................................. 59

Rule 4.2.05 Consent of Representative(s) ............................................................................. 59

Rule 4.2.06 Notices ............................................................................................................... 59

Rule 4.2.07 Bond Waivers ..................................................................................................... 60

Rule 4.2.08 Inventory and Appraisal ..................................................................................... 60

Rule 4.2.09 Continuances ...................................................................................................... 61

Rule 4.2.10 Sale of Real Property ......................................................................................... 61

Rule 4.2.11 Petitions for Instructions .................................................................................... 62

Rule 4.2.12 Petitions for Distribution .................................................................................... 62

Rule 4.2.13 Final Discharge .................................................................................................. 63

Rule 4.2.14 Removal of a Personal Representative ............................................................... 65

Rule 4.2.15 Compensation of Personal Representatives and Attorneys in Probate Estates .. 65

Rule 4.2.16 Accounts and Reports of Executors and Administrators ................................... 66

Rule 4.3 CONSERVATORSHIPS AND GUARDIANSHIPS ................................................. 67

Rule 4.3.01 Court Investigation Agency [REVOKED] ........................................................ 67

Rule 4.3.02 Temporary Conservatorships and Guardianships .............................................. 67

Rule 4.3.03 Petitions for Appointment of Conservators/Guardians ...................................... 68

Rule 4.3.04 Assessments ....................................................................................................... 68

Rule 4.3.05 Independent Powers ........................................................................................... 68

Rule 4.3.06 Limited Conservatorships .................................................................................. 68

Rule 4.3.07 Local Forms Required ........................................................................................ 69

Rule 4.3.08 Declaration Under UCCJEA .............................................................................. 69

Rule 4.3.09 Conservatee's Mental Capacity .......................................................................... 69

Rule 4.3.10 Guardianship Funds for Support of Minor ......................................................... 69

Rule 4.3.11 Inventory and Appraisal Required ..................................................................... 70

Rule 4.3.12 Review Hearing for Inventory and Appraisal and for Accountings .................. 70

Rule 4.3.13 Separate Accounting for Several Minors ........................................................... 70

Rule 4.3.14 Successor Conservator/Guardian ....................................................................... 70

Rule 4.3.15 REVOKED 7/1/99 ............................................................................................. 71

Rule 4.3.16 REVOKED 7/1/99 ............................................................................................. 71

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Rule 4.3.17 Accounts in Guardianship Proceedings ............................................................. 71

Rule 4.3.18 Waiving of Accounts ......................................................................................... 72

Rule 4.3.19 Reports Accompanying Accounts in Conservatorships ..................................... 72

Rule 4.3.20 Termination of Conservatorships and Guardianships ........................................ 73

Rule 4.3.21 Fees and Commissions ....................................................................................... 73

Rule 4.3.22 Registration of Private Professional Conservator .............................................. 75

Rule 4.3.23 Consent of Conservator(s) ................................................................................. 76

Rule 4.4 TRUSTS ..................................................................................................................... 76

Rule 4.4.01 Accounts filed by trustees must conform to the requirements of Local Rule 4.2.16 ..................................................................................................................................... 76

Rule 4.4.02 Contents of First Account .................................................................................. 76

Rule 4.4.03 Description of Principal and Income ................................................................. 76

Rule 4.4.04 Frequency for Filing Accounts .......................................................................... 76

Rule 4.4.05 Service on Beneficiaries When Power Sought is Not Conferred ....................... 76

Rule 4.4.06 Bond for Trustee ................................................................................................ 77

Rule 4.4.07 Petition for Confirmation of Trust Assets .......................................................... 77

Rule 4.4.08 Trustee Compensation ........................................................................................ 78

Rule 4.4.09 Attorney Fees ..................................................................................................... 79

Rule 4.4.10 Consent of Trustee ............................................................................................. 79

Rule 4.5 SPECIAL NEEDS TRUSTS ...................................................................................... 79

Rule 4.5.01 General Procedures for Special Needs Trusts .................................................... 79

Rule 4.5.02 Accountings and Reports of Special Needs Trusts ............................................ 80

Rule 4.5.03 Compensation of Conservator from Trust ......................................................... 81 DIVISION FIVE - CRIMINAL PRACTICE ............................................................................... 82

Rule 5.1 CRIMINAL RULES ................................................................................................... 82

Rule 5.1.01 Criminal Departments ........................................................................................ 82 Rule 5.1.02 Applicability of Title 4 of California Rules of Court......................................... 82

Rule 5.1.03 Format of Papers [REVOKED] ......................................................................... 82

Rule 5.1.04 Motions .............................................................................................................. 83

Rule 5.1.05 Pleas at Time of Trial [REVOKED] .................................................................. 83

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Rule 5.1.06 Jury Trials .......................................................................................................... 83

Rule 5.1.07 Bail Bond Forfeiture .......................................................................................... 84

Rule 5.1.08 Real Property Bonds .......................................................................................... 84

Rule 5.1.09 Personal Surety Bonds ....................................................................................... 85

Rule 5.1.10 Miscellaneous Fees ............................................................................................ 85

Rule 5.1.11 Search Warrants ................................................................................................. 85

Rule 5.1.12 Expert Witness Fees ........................................................................................... 85

Rule 5.1.13 Habeas Corpus Writs ......................................................................................... 86

Rule 5.1.14 Credit for Performance of Community Service ................................................. 86

Rule 5.1.15 Ability to Pay (ATP) Authority for Clerk .......................................................... 87

Rule 5.1.16 Orders to Calendar ............................................................................................. 87

Rule 5.1.17 Local Criminal Bail Schedule ............................................................................ 87 DIVISION SIX - JUVENILE COURT RULES ........................................................................... 89

Rule 6.1 GENERAL PROVISIONS ......................................................................................... 89

Rule 6.1.01 Supplement to Statutes and Rules ...................................................................... 89

Rule 6.1.02 Judicial Administration ...................................................................................... 89

Rule 6.1.03 Filing of Papers .................................................................................................. 89

Rule 6.1.04 Motions .............................................................................................................. 90

Rule 6.1.05 Motions for Continuances [REVOKED] ........................................................... 90

Rule 6.1.06 Applications for Ex Parte Orders ....................................................................... 90

Rule 6.1.07 Disclosure of Juvenile Related Documents ....................................................... 90

Rule 6.1.08 Input on Placement in Short-Term Residential Therapeutic Program ............... 91

Rule 6.2 DEPENDENCY MATTERS ...................................................................................... 91

Rule 6.2.00 Collaborative Court ............................................................................................ 91

Rule 6.2.01 Confidentiality ................................................................................................... 91

Rule 6.2.02 Settlement Conferences ...................................................................................... 91

Rule 6.2.03 Access to Minors ................................................................................................ 92

Rule 6.2.04 Calendar Priority ................................................................................................ 92

Rule 6.2.05 Presence of Child in Court ................................................................................. 92

Rule 6.2.06 Appointment of Attorneys: Screening and Training .......................................... 93

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Rule 6.2.07 All Attorneys: Qualifications and Continuing Education .................................. 93

Rule 6.2.08 Client Complaints .............................................................................................. 93

Rule 6.2.09 Procedures in Contested Matters ........................................................................ 94

Rule 6.2.10 Dependency Mediation ...................................................................................... 94

Rule 6.2.11 Mexican Consulate’s Access to Juvenile Court Records ................................... 94

Rule 6.2.12 Extended Visits [REVOKED] ........................................................................... 95

Rule 6.3 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) .................... 95

Rule 6.3.01 The Advocate Program ...................................................................................... 95

Rule 6.3.02 Child Advocates ................................................................................................. 96

Rule 6.4 JUVENILE JUSTICE MATTERS ............................................................................. 97

Rule 6.4.01 All Attorneys: Qualifications and Continuing Education .................................. 97 DIVISION SEVEN - ARBITRATION/MEDIATION ................................................................. 98

Rule 7.1 ARBITRATION/MEDIATION RULES .................................................................... 98

Rule 7.1.01 Policy Statement ................................................................................................ 98

Rule 7.1.02 Judicial Mediation .............................................................................................. 98

Rule 7.1.03 Judicial Mediation Briefs: Civil Cases ............................................................... 99

Rule 7.1.04 Pro-Tem Panel Arbitration (also known as Judicial Arbitration) and Panel Mediation ............................................................................................................................... 99 DIVISION EIGHT - SUPERIOR COURT APPELLATE DIVISION ...................................... 100

Rule 8.1 APPELLATE DIVISION PROCEDURES .............................................................. 100

Rule 8.1.01 General Rules ................................................................................................... 100

Rule 8.1.02 Notice of Appeal .............................................................................................. 100

Rule 8.1.03 Ex Parte Applications....................................................................................... 100

Rule 8.1.04 Writ Proceedings .............................................................................................. 100

Rule 8.1.05 Infraction Cases ................................................................................................ 101

Rule 8.1.06 Appellate Record.............................................................................................. 101 DIVISION NINE – MISCELLANEOUS ................................................................................... 102

Rule 9.1 MISCELLANEOUS COURT RULES ..................................................................... 102

Rule 9.1.01 Audio Recordings as Evidence ........................................................................ 102

Rule 9.1.02 Official Reporting Services .............................................................................. 102

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Rule 9.1.03 Requests for Official Court Reporters for Civil Trials [REVOKED] incorporated into Rule 9.1.02 and Notices to Parties .......................................................... 103

Rule 9.2 RECORDING IN COURT [REVOKED: Renamed and renumbered] .................... 104 see Rule 1.5 ............................................................................................................................. 104

Rule 9.2.01 Recording in Court [REVOKED: Renamed and Renumbered] see Rule 1.5.01 ............................................................................................................................................. 104 DIVISION TEN - ELECTRONIC RECORDING OF PROCEEDINGS ................................... 105

Rule 10.1 ELECTRONIC RECORDING OF COURT PROCEEDINGS .............................. 105

Rule 10.1.01 Authority For and Use of Electronic Recording ............................................ 105

Rule 10.1.02 Equipment ...................................................................................................... 105

Rule 10.1.03 Monitors ......................................................................................................... 105

Rule 10.1.04 Monitor's Certificate ...................................................................................... 105

Rule 10.1.05 Maintenance of Recordings ........................................................................... 106

Rule 10.1.06 Transcripts ...................................................................................................... 106

Rule 10.1.07 Transcription of Record ................................................................................. 106

Rule 10.1.08 Official Court Reporters................................................................................. 106

Rule 10.1.09 Requests for Tapes ......................................................................................... 106 DIVISION ELEVEN – EXHIBITS ............................................................................................ 107

Rule 11.1 EXHIBITS .............................................................................................................. 107

Rule 11.1.01 The Court’s Acceptance of Exhibits .............................................................. 107

Rule 11.1.02 Civil Exhibit Retention .................................................................................. 109 THE LAWYER’S PLEDGE ....................................................................................................... 110 THE JUDGES’ PLEDGE ........................................................................................................... 112 Appendix A: List of Local Rules of Court.................................................................................. 113 Appendix B List of Local Forms ................................................................................................ 137 Alphabetical List by Form Name ............................................................................................ 137 Numerical List by Form Number ............................................................................................ 148 INDEX ........................................................................................................................................ 159

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LOCAL RULES OF COURT

DIVISION ONE -- GENERAL RULES

Rule 1.1 ADMINISTRATION AND DISTRIBUTION OF BUSINESS

Rule 1.1.01 Application of Local Rules These local rules apply to all Superior Court matters filed in the County of Santa Cruz. (Eff. 1/1/95) (Rev. 1/1/99) Rule 1.1.02 California Rules of Court

These local rules are intended to supplement and in no way reduce any requirements of the California Rules of Court. (Eff. 1/1/86)

Rule 1.1.03 Presiding Judge of Superior Court

The Superior Court judges shall elect, by majority vote, a presiding judge who shall serve for a two year term. By majority vote, the presiding judge’s term may be extended by one year. “Majority” is defined as a majority of all active judges, not a majority of votes cast. (Eff. 1/1/95) (Rev. 1/1/01) (Rev. 7/1/19) (Rev. 1/1/24)

Rule 1.1.04 Assistant Presiding Judge

The judges of the Superior Court bench shall elect an assistant presiding judge who shall undertake all roles of the presiding judge in their absence. “Majority” is defined as a majority of all active judges, not a majority of votes cast. (Eff.1/1/95) (Rev. 1/1/01) (Rev. 7/1/19) (Rev. 1/1/24)

Rule 1.1.05 Department Assignments

Judicial officers shall be assigned to departments by the presiding judge. (Rev.1/1/95) (Rev. 1/1/99)

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Rule 1.1.06 Calendar [REVOKED]

(Eff. 1/1/93) (Rev. 1/1/99) (Revoked 1/1/24)

Rule 1.1.07 Duties of the Presiding Judge

The presiding judge shall have all the duties specified by the California Rules of Court, and other applicable law including, but not limited to, California Rules of Court 10.603. (Eff. 1/1/95) (Rev. 1/1/97) (Rev. 1/1/24)

Rule 1.1.08 Executive Officer and Clerk of the Superior Court

A majority of the judges may appoint an Executive Officer of the Superior Court who shall also act as Clerk of the Court pursuant to Government Code 69840-69848 and California Rule of Court 10.610. (Eff. 7/1/90) (Rev. 1/1/99) (Rev. 1/1/13) (Rev. 1/1/24)

Rule 1.1.09 Definition of a Judge’s Vacation Day Required by California Rules of Court.

A day of vacation for a judge of the Superior Court of California, County of Santa Cruz, is an approved absence from the Court for one full business day. Other absences from the Court listed in California Rule of Court 10.603(c)(2)(H) are excluded from this definition. (Eff. 1/1/04) (Rev. 7/1/07)

Rule 1.1.10 Elisors

Where one of the parties fails to execute a document necessary to carry out a court order, the Clerk of the Superior Court or the Clerk’s authorized representative or designee may be appointed as an elisor to sign the document. Civil and Probate Cases:

An application for appointment of an elisor shall be made by filing an application, declaration in support and proposed order.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.

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The proposed order shall:

a) Clearly identify the document(s) the elisor is being asked to sign. A deed must state the type of deed (i.e., grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e., Escrow Instruction Dated…, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.).

b) The order shall describe the exact location(s) in the document(s) where the elisor is to sign and identify the name of the party for whom the elisor is signing.

c) The order must state “The Clerk of the Court or Clerk’s Designee” as the elisor. It cannot state a name or title of a specific court employee.

If the Court grants the application for appointment of an elisor, the Clerk’s Office will arrange for a time for the actual signing of the documents. The appointed elisor has up to three (3) court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case- by-case basis by the Court.

If the elisor is signing documents requiring notarization, the applicant must arrange for a notary to be present when the elisor signs the document(s).

Family Law Cases:

A court order for the appointment of an elisor must be made by a request for order and a supporting declaration.

At least one supporting declaration needs to be filed with the request. The declaration must:

a) Include a list of the exact documents the elisor is being asked to sign. A deed must state the type of deed (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e. Escrow Instruction Dated…, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.).

b) Include a description of the good faith efforts to meet and confer to resolve the issue.

c) Specify facts establishing the necessity or the appointment of an elisor.

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If the Court grants the application for appointment of an elisor, the Clerk’s Office

will arrange for a time for the actual signing of the documents. The appointed elisor has up to three (3) court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case- by-case basis by the Court.

If the elisor is signing documents requiring notarization, the applicant must

arrange for a notary to be present when the elisor signs the document(s).

(Eff. 1/1/20)

Rule 1.1.11 Prevention of Bias Committee

A Prevention of Bias Committee shall exist pursuant to the California Standards of Judicial Administration, Standard 10.20 Purpose. The purpose of the Committee is to sponsor and support programs designed to identify, address, and prevent bias in the court system. This includes, but is not limited to, bias based on race, ethnicity, national origin, gender identity, sexual orientation, disability, age, religion, and socioeconomic status.

Chairperson. The Committee shall be chaired by one of more judges selected by the Presiding Judge

Committee Membership. The Committee shall include local attorneys from various practice areas and may include other members of the court community.

(Eff. 7/1/26)

Rule 1.2 DOCUMENTS PRESENTED FOR FILING

Rule 1.2.01 Clerks' Offices - Hours of Operation

Courts must remain open to the public each business day according to the Judicial Council directives. The exact hours of operation of the Clerks’ Offices are determined by the judges consistent with Judicial Council directives and will be posted on the Court’s website. Hours of operation are subject to change so long as they remain consistent with Judicial Council directives and with prior notification to the public. (Rev. 1/1/95) (Rev. 7/1/13)

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Superior Court of California County of Santa Cruz

Rule 1.2.02 Requests for Copies

All requests for copies of documents, except for copies to be delivered by e-mail, must be accompanied by a stamped, self-addressed envelope. Certified copies cannot be sent electronically. When no such envelope is provided, the documents will be retained in the Clerk’s Office for 30 days. (Eff. 1/1/88) (Renumbered 7/1/07) (Rev. 7/1/16)

Rule 1.3 ELECTRONIC FILING

Rule 1.3.01 Electronic Filing General

Electronic filing is required for civil, family, probate, LPS, appellate, criminal (subsequent filings only), juvenile justice (subsequent filings only), and dependency case types. Court reporter transcripts for all case types must be electronically filed. Electronically filed documents must comply with Code of Civil Procedure § 1010.6 and California Rules of Court 2.250 through 2.261.

Filing Service Provider:

Electronic filling of documents shall occur through the Court’s electronic service provider(s) which is available on the Court’s website at www.santacruzcourt.org or www.efileca.com.

Fees:

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the Court. Any party who has received a fee waiver from the Court, or who has otherwise obtained an order of the Court waiving such fees, is exempt from the fees and costs associated with electronic filing.

Exceptions to Electronic Filing:

The following items are not subject to mandatory electronic filing under these rules:

Documents presented for filing by a self-represented party. Although electronic filing is not mandatory for self-represented parties, they are encouraged to electronically file documents.

Documents ordered by the Court as exempt from electronic filing. A party may seek a court ordered exemption by ex parte application for reason of undue hardship, significant prejudice or other good cause.

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Documents lodged with the Court provisionally under seal pursuant to California Rule of Court 2.551.

Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for JNOV, motions to quash service for personal jurisdiction, and petitions for writs. Although not required, electronic filing of these documents is encouraged.

Original documents required for a proceeding, subpoenaed documents, criminal bail bonds, and wills and codicils (for filing or safekeeping).

Documents and/or reports provided to the Court from third-party service providers or experts. These documents and reports may be e-filed at the discretion of the provider or expert unless otherwise ordered to e-file.

Digital Exhibits as Attachment to Electronically Filed Documents

Exhibits in a format that is not appropriate for electronic filing (i.e. CD/DVD/USB Drive) shall be submitted in the courtroom only. The submitting party shall be responsible for providing the necessary equipment to view/present the exhibits.

Effective Date and Time of Electronic Filing:

Documents received by the Court for electronic filing at or prior to 11:59 p.m. on any court day, which otherwise satisfy all requirements for filing, will be deemed filed on that court day as provided in California Rules of Court 2.253(b)(6) and 2.259. The Court will issue a confirmation that the document has been received and filed in accordance with California Rule of Court 2.259. The confirmation shall serve as proof that the document(s) has been filed.

Redaction of Confidential Information is the Filer’s Responsibility:

The responsibility for redacting personal identifiers and privileged or confidential information rests solely with counsel and the parties. The clerk will not review pleadings or other documents for compliance with the law. The court may impose sanctions for violation of these requirements.

Courtesy Copies:

The Court may order the delivery of paper courtesy copies of electronically filed documents.

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E-Service:

Unless otherwise ordered by the Court, electronic service of electronically filed documents is optional as provided in California Rules of Court 2.251 and 2.253.

Electronic Signatures:

Signatures: California Rule of Court 2.257 should be followed regarding signatures on electronically filed documents.

Filing Documents Intended for Multiple Cases:

Any party seeking to file a single document into multiple cases must e-file that document into each case. The clerk’s office will not place a document from one case into another on behalf of the party. It is the responsibility of the party to file separately for each case.

In Limine Motions:

Rule 5.1.06 directs that each in limine motion shall be limited to a single subject and the motions shall be numbered consecutively. Notwithstanding Rule 5.1.06 in limine motions for criminal cases may be combined in a single Portal Document Format (PDF) (subject to file size limitations) or e-file separately.

(Eff. 7/1/16) (Renumbered & Revised 7/1/17)

(Rev. 1/1/18) (Rev. 7/1/18) (Rev. 7/1/20) (Rev. 1/1/21) (Rev. 7/1/22) (Rev. 7/1/23)

Rule 1.3.02 Electronic Filing Criminal Master Calendar

For cases that are sent to the Master Calendar, criminal trial documents must be electronically filed no later than 12 p.m. the day of the Master Calendar. (Eff. 7/1/17) (Rev. 1/1/18)

Rule 1.4 REMOTE APPEARANCES

The remote appearance platform used by the Court is “Zoom”. Remote appearance information for each department may be found at https://www.santacruzcourt.org/content/remote-appearance-0. (Eff. 1/1/21) (Rev. 6/21/21)

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Rule 1.4.01 Appearances in Non-Criminal Including Civil, Small Claims, Family, Restraining Orders, Probate, LPS, Juvenile Dependency and Juvenile Justice

Remote appearances are governed by the California Code of Civil Procedure § 367.75 and California Rule of Court 3.672

Remote appearances in Juvenile Justice are governed by Welfare and Institutions Code § 679.5

Audio-only appearances are an option only if a party has no access to a device with video capabilities.

Details regarding evidence submission and video presentation is posted on the Court’s remote appearance web page.

(Eff. 1/1/21) (Rev. 6/21/21) (Rev. 10/18/21)

(Rev. 1/25/22) (Rev. 1/1/24)

Rule 1.4.02 Appearances in Criminal Departments

Remote appearances in Criminal Cases are governed by California Penal Code §977.

A defendant deciding not to exercise the right to be physically present shall use local court form SUPCR 321, Waiver of Defendant’s Personal Presence, to execute a written waiver of that right to appear remotely. Form SUPCR 321 shall be filed in open court prior to the proceeding or no less than five (5) court days prior to the proceeding when filing with the court.

When appearing remotely, parties shall do so from a location with stable and continuous access to the Internet, free of distractions, and with the ability to focus on the proceedings at all times. Parties must appear by video at all times unless otherwise permitted by the Court to appear by audio-only in advance of the proceeding. Audio-only appearances are an option only if a party has no access to a device with video capabilities.

(Eff. 1/1/21) (Rev. 6/21/21) (Rev. 1/25/22)

(Rev. 7/1/22)

Rule 1.4.03 Appearances in Traffic and Minor Violation Departments [REVOKED]

(Eff. 1/1/21) (Rev. 6/21/21) (Rev. 1/25/22)

(Rev. 7/1/22) (Rev. 1/1/24) (Revoked 7/1/24)

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Rule 1.4.04 Appearances in the Appellate Division

Remote appearances for oral arguments in the Appellate Division are governed by California Rules of Court 8.885(b)

All remote appearances for oral arguments in the Appellate Division need to be approved by the Presiding Justice of the Appellate Division.

An application by the requesting party shall be submitted to the Appellate Division within 10 days after the Court sends notice of oral argument. Optional Local Form SUPAPP-100 Request for Remote Oral Argument Appellate Division may be used.

Upon approval of the request, the appellate clerk will provide instructions for connecting.

(Eff. 7/1/23)

Former Rule 1.4.04 Appearances in Juvenile Justice [REVOKED] See Rule 1.4.01

(Eff. 1/1/21) (Revoked 1/25/22)

Rule 1.4.05 Public and Media Access to Remote Proceedings

Remote appearances via Zoom are limited to parties, their attorneys, and witnesses when permitted by statute, court rule, or court order. In criminal cases, victims are also permitted to attend remotely, upon request, in accordance with applicable law.

All non-confidential court hearings are open to the public, but public and media access is available in-person only. Members of the public and media (collectively referred to as “non-parties”) are not permitted to observe court proceedings remotely via Zoom.

If a non-party wishes to attend a hearing remotely, they or their attorney must request

and obtain approval from the court. This request may be made orally, in writing, or by filing the local form titled "Request and Order for Non-Party Remote Access SUPAD 0100." All such requests must be made at least two court days prior to the scheduled hearing. (Eff. 7/1/25) (Rev. 1/1/26)

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Rule 1.5 PHOTOGRAPHY, BROADCASTING AND RECORDING

Rule 1.5.01 Photography, Broadcasting, and Recording in Courthouses, Courtrooms, and other Court Controlled Spaces

Purpose

This rule is adopted in accordance with case law and California Rule of Court 1.150 to preserve the dignity of court proceedings, protect the rights of litigants and witnesses, and maintain the safety and privacy of all individuals within court-controlled spaces.

Definitions

This rule adopts the definitions in California Rule of Court 1.150 and adds the definitions below:

Court-controlled spaces include all courthouses, courtrooms, hallways, clerk’s offices or counters or transaction windows, lobbies, jury rooms, chambers, and any other areas under the jurisdiction of the Superior Court. Courtroom includes both the physical room in which court proceedings are held and any electronic platform used to conduct court proceedings remotely via video or audio technology.

General Prohibition

No person shall engage in photography, broadcasting, or recording within any court- controlled space without prior permission from the court. The media may ask to record in accordance with California Rules of Court, Rule 1.150.

Exceptions

The following exceptions may apply only with prior approval from the Presiding Judge, Court Executive Officer (CEO), or their designee:

Official court documentation or archival purposes.

Investitures and other ceremonial or educational programs.

Media Coverage approved under a formal request pursuant to Rule 1.150 of the California Rules of Court.

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Media Requests

Requests for media coverage of any type must be submitted in accordance with California Rule of Court 1.150 to the trial judge using Judicial Council form MC-500 Media Request to Photograph, Record, or Broadcast and proposed MC-510 Order on Media Request to Photograph, Record or Broadcast.

(Eff. 7/1/05) (Rev. 1/1/11) (Renumbered and

Revised 1/1/26)

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DIVISION TWO - CIVIL RULES

Rule 2.1 CASE MANAGEMENT

Rule 2.1.01 Initial Contact

At the time the case is filed, the clerk shall append to the initial pleading a document entitled "CASE MANAGEMENT PROGRAM INFORMATION AND SETTING" stating that the case is in the Case Management Program, that it is the duty of each party to be familiar with the California Rules of Court, and the DATE, TIME and PLACE of the first case management conference. The first conference date shall be set approximately 120 days from the date of filing of the initial pleading. It is the responsibility of the filing party to serve all other parties with notice of the case management conference date. Collection cases, as defined by California Rule of Court 3.740(a), shall be set approximately 360 days after the filing of the complaint. (Eff. 1/1/92) (Renumbered & Rev. 7/1/02) (Rev. 1/1/09) (Rev. 7/1/15)

Rule 2.1.02 Cross Complaints

Cross-complainants shall serve all cross-defendants with a copy of the initial "ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKET” and shall serve notice of any other pending case management conference hearing date. (Eff. 1/1/92) (Renumbered 7/1/02) (Rev. 7/1/20)

Rule 2.1.03 Continuances of Case Management Conference

Application by stipulation or by plaintiff if defendants have not appeared: Parties requesting a stipulated continuance of a case management conference must submit a written application on local form SUPCV 1014, Application and Stipulation for Order to Continue for Order to Continue Mediation Hearing and/or Case Management Conference, supported by a declaration showing good cause and a proposed order for the Court's signature. The application shall be filed with Court no later than ten (10) calendar days before the conference. The order shall be granted only upon a finding of good cause. Only one such continuance shall be allowed per case and the case management conference shall not be continued more than two months.

Other requests for continuance: Parties requesting a non-stipulated continuance of a case management conference must file a noticed motion and set a hearing date pursuant to

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court rules governing hearings. The application must be supported by a declaration, and the order shall be granted only upon the finding of good cause.

Application by stipulation or requests for continuances may be considered on the ex parte calendar.

(Eff. 1/1/95) (Renumbered 7/1/02) (Rev. 1/1/19)

(Rev. 7/1/20)

Rule 2.1.04 Request to Advance Case Management Conference

A party wishing to advance the date of the first case management conference may do so by ex parte application. The requesting party is responsible for noticing all other parties. (Eff. 1/1/95) (Renumbered 7/1/02)

Rule 2.2 SETTING CASES FOR TRIAL

Rule 2.2.01 Requests for Trial Settings

General civil cases shall be set at the case management conference.

Family law cases filed on or after January 1, 1999: Trials will be set pursuant to Local Rule 3.1.07.

Probate cases: The assigned judge will set cases for trial in court.

(Eff. 1/1/92) (Rev. 7/1/02) (Rev. 1/1/13)

Rule 2.2.02 Long Cause Trials

Civil Long Cause Master Calendar Call. All long cause trials will be called on the Thursday two weeks before the date set for trial at 1:30 p.m. in the department of the master calendar judge. Counsel must be prepared to advise the Court of all relevant trial data at that time. Counsel may be referred immediately from the Calendar Call to the assigned trial judge for initial trial proceedings, such as motions in limine and scheduling.

Jury fees are to be paid as provided in Code of Civil Procedure §§ 631 et seq.

All proposed jury instructions, motions in limine, witness lists, exhibit lists, trial briefs, proposed jury voir dire/questionnaires, proposed statements of the case, and proposed special verdict forms shall be filed no later than 12 noon the day of the Calendar Call.

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Motions in Limine. All in limine motions must be in writing. Each motion shall be limited to a single subject and the motions shall be numbered consecutively. In limine motions may be electronically filed as one document.

Responses to motions in limine must be filed at least 2 court days before the scheduled date for the hearing on motions in limine, or as ordered by the assigned trial judge. Responses shall address only the subject of the motion and shall be numbered the same as the motions.

(Rev. 7/1/98) (Rev. 1/1/99) (Rev. 7/1/07) (Rev. 1/1/09) (Rev. 1/1/11) (Rev. 1/1/13) (Rev. 7/1/13) (Rev. 1/1/14) (Rev 1/1/17) (Rev. 7/1/17) (Rev. 1/1/22) (Rev. 7/1/22) (Rev. 7/1/25)

Rule 2.2.03 Short Cause Trials

Short Cause Trials will be calendared on the daily 8:30 a.m. Law & Motion Calendar. (Eff. 1/1/80) (Rev.1/1/95) (Rev. 1/1/09) (Renamed & Rev. 1/1/11)

Rule 2.2.04 Settlement Conferences [REVOKED] Revoked 1/1/09 Preempted by California Rules of Court

(Rev. 1/1/93) (Rev 1/1/95) (Revoked 1/1/09)

Rule 2.2.05 Settlement Conference Statement [REVOKED] Revoked 1/1/09 Preempted by California Rules of Court

(Rev. 1/1/99) (Rev 7/1/07) (Revoked 1/1/09)

Rule 2.2.06 Trial Briefs in Civil Cases

Trial briefs are required for all civil court trials and jury trials. Trial briefs shall summarize the facts expected to be presented and the issues to be tried. See Rule 2.2.02 (c) for the deadline for trial briefs in long cause trials. For short cause trials, trial briefs are due at least 5 court days before the date set for trial. (Eff. 1/1/87) (Renumbered 1/1/95) (Rev. 1/1/09) (Rev. 1/1/11) (Rev. 7/1/23) (Rev. 7/1/25)

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Rule 2.2.07 Continuances of Trials

Requesting a Continuance of a Trial in Traffic/Minor Violation Court.

If you are unable to present your case on the date ordered for trial in traffic/minor violation court, a continuance must be requested as follows: The request must be in writing, copied to the other side.

If requested by the defendant and it is a time not waived trial, the request must state “time is waived.”

The request must be received by the Court fifteen days prior to the hearing.

The original request must be filed with the Court. The moving party (requesting party) must mail or deliver a copy of the request to the other side. The original request will not be processed unless the requesting party indicates that a copy has been mailed or delivered to the other side. If the request for a continuance is by the arresting agency, the request must indicate that a copy has been mailed to the defendant. If the continuance request is by the defendant, the request must include the agency name and address

If this procedure is not followed, or if the action is not timely, the matter may be

heard in the absence of the requesting party.

Requesting a Continuance of All Other Trials

Application by stipulation or by plaintiff if defendants have not appeared: Parties requesting a stipulated continuance of a trial must submit a written application on local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, supported by a declaration showing good cause and a proposed order for the Court's signature. The request shall be filed no later than ten (10) days before the date set for trial. The request shall be granted judicial approval only upon a finding of good cause. Only one such continuance shall be allowed per case. A short cause trial shall not be continued more than two months.

Requests for continuances of status conferences, settlement conferences and trials may be considered on the ex parte calendar.

Other requests for continuance: Parties requesting a non-stipulated continuance of a trial must file a noticed motion and set a hearing date pursuant to court rules governing hearings. The application must be supported by a declaration, and the request shall be granted only upon a finding of good cause.

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Motions for continuance of a trial or specially set hearing will not be entertained on the date set except under the most extraordinary circumstances. In that event all such motions shall be made at the time the master calendar is called and only before the judge calling the master calendar or the judge before whom the matter is specially set. (Eff. 1/1/95) (Rev. 1/1/01) (Rev. 1/1/09) (Renumbered, Renamed and Rev. 1/1/11) (Rev. 01/01/15) (Rev. 1/1/19) (Rev. 7/1/26)

Rule 2.2.08 Complex Litigation

The court follows the California Rules of Court for Complex Litigation matters. (Eff. 7/1/04) (Rev. 1/1/09) (Renumbered 1/1/11) (Rev. 7/1/17)

Rule 2.3 COMPROMISE OF MINORS' CLAIMS

Rule 2.3.01 Petition

Petitions for compromise of minor's claim under the Probate Code or under the Code of Civil Procedure § 372 and California Rule of Court 7.950, shall be filed with the Court at least ten (10) days before the scheduled hearing. (Rev. 7/1/02)

Rule 2.3.02 Attorney Fees [REVOKED]

Revoked 1/1/20 Preempted by California Rules of Court (Rev. 7/1/91) (Rev 1/1/09) (Revoked 1/1/20)

Rule 2.3.03 Order

The order approving the compromise of the minor's claim shall be prepared by counsel and shall set forth fully the following: The total amount of the payment approved in compromise of the claim.

The amount of all attorney's fees and costs to be allowed.

The amount of all medical expenses to be paid or reimbursed together with names of the payees.

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If the Court shall order that all or any part of the money to be paid under compromise be deposited in a blocked account, the order shall conform to California Rule of Court 7.953

(Rev. 7/1/02) (Rev. 1/1/09)

Rule 2.4 LAW & MOTION CALENDAR

Rule 2.4.01 Setting Hearings

Before any law and motion or default matter is set, the hearing date must be cleared with the Clerk's Office by calling (831) 420-2204 or emailing civilinfo@santacruzcourt.org

When a law and motion matter is set, the clerk will check to determine if a case management conference is scheduled within the 90 days prior to the law and motion date. If so, the clerk will continue the case management conference to the law and motion date. The date will be continued once the moving papers have been filed with the court and the fees have been paid. No other notice will be sent to the parties. If the law and motion matter is taken off calendar after the date has been continued, the case management conference will remain set on the law and motion date.

(Rev. 1/1/99) (Rev. 1/1/08) (Rev 7/1/17) (Rev. 7/1/20) (Rev. 1/1/25)

Rule 2.4.02 Requests for Continuances

Requests for continuances based on stipulation by the parties must be made by the moving party by calling the Clerk's Office (831) 420-2204 or emailing civilinfo@santacruzcourt.org

Requests for continuances made within 24 hours of the date of hearing (Saturday, Sunday and holidays excepted) ordinarily will not be granted even if made by stipulation.

Subject to paragraph (b), counsel may continue matters by timely application or by stipulation. However, only one (1) such continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from the calendar.

(Eff. 1/1/99) (Rev. 1/1/08) (Rev. 1/1/09)

(Rev. 1/1/19) (Rev. 7/1/20)

Rule 2.4.03 Argument and Oral Testimony at Law and Motion Calendar

Argument in excess of ten (10) minutes per side will ordinarily not be permitted on the law and motion calendar. If it is anticipated that lengthier argument will be necessary,

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permission must be obtained from the law and motion judge. When such a request is made, the law and motion judge will decide whether to grant the request for lengthier arguments to be heard on the law and motion calendar or will set the matter for special hearing.

Oral testimony is ordinarily not allowed on the law and motion calendar. If oral testimony is desired, a request must be made to the law and motion judge, pursuant to California Rule of Court 3.1306, who will either grant the request and leave the matter on the law and motion calendar, grant the request and direct that set the matter be specially set with the calendar clerk, for special hearing, or deny the request and insist that the matter be heard on declarations.

(Rev. 1/1/93) (Rev. 1/1/95) (Rev. 7/1/97) (7/1/07) (7/1/17)

Rule 2.4.04 Informal Discovery Conference: Civil Cases

The Court may conduct informal discovery conferences. The scope and content of the conference is the discretion of the judicial officer or subordinate judicial officer facilitating the conference. The conference will be facilitative in nature.

Counsel shall prepare and lodge a Joint Statement as to pending discovery issues at least five (5) court days prior to the informal discovery conference date. The statement shall not exceed five pages. Failure to comply with this requirement may result in monetary sanctions, termination of the informal discovery conference, or both.

(Eff. 7/1/23)

Former Rule 2.4.04 Appearance at Hearing [REVOKED]

Revoked 1/1/09 Preempted by California Rules of Court (Eff. 1/1/88) (Revoked 1/1/09)

Rule 2.4.05 Orders and Stipulations for County Funds [REVOKED]

Revoked 7/1/07 Preempted by California Rules of Court (Eff 1/1/88) (Revoked 1/1/07)

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Rule 2.4.06 Orders for Funds Held in Interest Bearing Account

For funds to be deposited with the Court in an interest bearing account, a Court order must be obtained specifying that the funds are to be held in an interest bearing account. (Eff. 1/1/93)

Rule 2.4.07 Calendaring Demurrers and Motions to Strike in Unlawful Detainer Cases

Demurrers, motions to strike, and oppositions filed in response shall be set for hearing in accordance with Code of Civil Procedure § 1170.

Demurrers and motions to strike shall be served on the plaintiff as follows:

Personal service - at least five calendar days prior to the hearing.

Express mail or overnight delivery - at least six calendar days prior to the hearing and reasonably calculated to ensure delivery to the other party or parties no later than the close of business two court days before the hearing.

Electronic service - at least 5 calendar days prior to the hearing. Electronic service is authorized if the party being served is represented by counsel or a consent has been filed.

Should the demurrer be overruled, the motion to strike be denied, or the motion to strike part of the complaint be granted without leave to amend, the defendant shall be granted ten court days to file an answer.

(Eff. 1/1/14) (Rev. 7/1/15) (Rev. 7/1/17)

(Rev. 1/1/23) (Rev. 7/1/25)

Rule 2.5 MOTIONS FOR SUMMARY JUDGMENT [REVOKED] 1/1/09 Preempted by California Rules of Court

Rule 2.6 MOTIONS FOR APPROVAL OF CLASS ACTION SETTLEMENT

Rule 2.6.01 Motions for preliminary and final approval of class action settlements

Motions for preliminary and final approval of class action settlements are to comply with the California Superior Court Guidelines for Motions for Preliminary and Final Approval of Class Settlement both as to the information to be provided in the motion,

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and the order in which the information is to be presented. The Guidelines may be found on the court’s website at https://www.santacruzcourt.org/divisions/civil . (Eff. 7/1/20)

Rule 2.7 TELEPHONE APPEARANCES [REVOKED] 1/1/21

Rule 2.7.01 Telephone Appearances [REVOKED]

(Eff. 1/1/89) (Rev. 1/1/98) (Rev. 1/1/09)

(Rev. 7/1/14) (Renumbered 7/1/20)

(Revoked 1/1/21)

Rule 2.7.02 Program Overview [REVOKED]

(Eff. 1/1/98) (Rev. 7/1/2000) (Rev. 1/1/11)

(Rev 7/1/14) (Renumbered 7/1/20) (Revoked 1/1/21)

Rule 2.7.03 Participation in CourtCall Appearances [REVOKED]

(Eff. 1/1/98) (Rev. 7/1/07) (Rev. 1/1/11)

(Rev. 7/1/14) (Renumbered 7/1/20)

(Revoked 1/1/21)

Rule 2.7.04 Appearance Procedure [REVOKED]

(Eff. 1/1/98) (Rev. 1/1/11) (Rev. 1/1/20)

(Renumbered 7/1/20) (Revoked 1/1/21)

Rule 2.8 MISCELLANEOUS LAW AND MOTION RULES

Rule 2.8.01(Reserved)

Rule 2.8.02 Attorney Fees

(California Rule of Court 3.1800(b))

When the clerk is authorized to enter judgment pursuant to Code of Civil Procedure § 585(a) and, if the obligation sued upon provides for the recovery of a reasonable attorney's fee, the clerk shall compute the attorney's fee by adding to the judgment, exclusive of costs, the following amounts unless a lesser sum is requested:

• 20 percent of the first $ 1,000 with minimum fee of $100.00 • 10 percent of the next $ 9,000

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• 5 percent of the next $15,000 • 3 percent of the next $40,000 • 2 percent of the next $50,000 • 1 percent of the amount over $100,000

Plaintiff shall have the right, in accordance with Code of Civil Procedure § 585(a), to have the attorney's fee fixed by the Court in an amount different from that set forth above.

(Eff. 1/1/86) (Renumbered 7/1/07) (Rev. 1/1/09)

(Renumbered 7/1/20)

Rule 2.8.03 Stipulation to Commissioners

A party is deemed to stipulate that all matters heard in the civil department may be heard and disposed of by a commissioner, acting as a temporary judge, by failing to file an objection in writing within thirty (30) days after the first pleading is filed in the action by that party, or at the first hearing on a motion heard in the civil department, if heard before the expiration of the thirty (30) days, whichever comes first. (Eff. 12/3/03) (Renumbered 7/1/07) (Renumbered 7/1/20)

Rule 2.8.04 Exhibit Formatting

Exhibit attachments to pleadings shall be separated by a standard size 8 ½ x 11 sheet of paper with a title identifying the sequence of the exhibit. This shall appear in the middle of the page using 36 pt. font. No tabs shall be included in any documents submitted for filing. California Rules of Court must be followed, including Rules 2.256 and 3.1110. (Eff. 7/1/16) (Rev. 7/1/17) (Renumbered 7/1/20)

Rule 2.9 EX PARTE MATTERS

Rule 2.9.01 Ex Parte Actions in General Civil Cases

All general civil ex parte matters are heard Monday through Friday, and will be determined on the papers unless the Court orders otherwise.

Notice to Parties: Notice must be given to the opposing party or their attorney prior to 10:00 a.m. the court day before the ex parte application will be determined by the court. Notice is governed by California Rules of Court Rule 3.1203 et. seq. A declaration

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regarding notice must be submitted with the ex parte paperwork. Optional Local Form SUPCV 420 may be used.

Notice to Court: The party seeking ex parte relief must notify the court of their intent to submit an ex parte application either in-person or by calling the Clerk’s Office at (831) 420-2200 by 11:00 a.m. on the court day before the ex parte determination.

Ex Parte Paperwork:

All ex parte papers shall be submitted to the Clerk’s Office no later than 3:00 p.m. the court day before the ex parte determination. Submission may be in person (if self-represented) or by efile.

A copy of the ex parte papers must be provided by the person requesting relief to the other party or their attorney no later than 3:00 p.m. the day before the ex parte determination. The papers may be delivered to the other party in person, by fax or by email. Proof of service must be submitted. This may be done by using the Local Form SUPCV 420.

Opposition to Ex Parte Request: Objections to the ex parte relief requested shall be submitted to the Clerk’s Office and served on the party making the ex parte request as soon as possible after notice is received, but no later than 10:00 a.m. the day of the ex parte determination. Submission to the Clerk’s Office may be in person (if self- represented) or by efile. The objection must be served by personal delivery, fax, or email to the other party. Proof of service must be submitted with the objection.

Request for Appearance at Hearing: If either party requests to appear on the application or opposition, the application or opposition must state this request on the face page of the ex parte application and/or opposition. The court will contact the parties to notify them of the date of the ex parte hearing on an 8:30 a.m. calendar if the reviewing judge orders one.

Decisions on Ex Parte Applications: Signed orders will be available after 2:30 p.m. on the day of the ex parte determination or on the day of the ex parte hearing, if ordered.

(Rev. 1/1/00) (Rev. 7/1/04) (Renumbered & Rev. 7/1/07) (Rev. 1/1/11) (Rev. 7/1/13) (Rev. 7/1/14) (Rev. 7/1/16) (Renumbered 7/1/17) (Renumbered 7/1/20) (Rev. 1/1/23) (Rev 1/1/24) (Rev. 1/1/25) (Rev. 7/1/25)

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Rule 2.9.02 Ex Parte Restraining Order Requests

All Civil Harassment Prevention, Workplace Violence Prevention, Gun Violence Prevention and Private Postsecondary School Violence Prevention Restraining Order requests must be filed with the Clerk’s Office in Watsonville no later than 10:00 a.m. for the request to be considered that same day.

The initial papers may be brought to the Santa Cruz Clerk’s Office for filing. They will be scanned to the Watsonville Courthouse.

All papers, other than the initial restraining order request, must be filed at the Watsonville Courthouse.

All hearings will take place at the Watsonville Courthouse.

(Eff. 1/1/23) (Rev. 7/1/23)

Rule 2.9.03 Ex Parte Requests in Unlawful Detainers

All unlawful detainer ex parte matters are heard Monday through Friday and will be determined on the papers unless the Court orders otherwise.

Notice to Parties:

Notice must be given to the opposing party or their attorney prior to 10:00 a.m. the court day before the ex parte application will be determined by the court. Notice is governed by California Rules of Court Rule 3.1203 et seq.

Shorter notice in accordance with California Rule of Court 3.1203(b) may be given provided that the notice is reasonable.

A declaration regarding notice must be submitted with the ex parte paperwork. Optional Local Form SUPCV 420 may be used.

Notice to the Court:

The party seeking ex parte relief must notify the court of their intent to submit an ex parte application in-person or by calling the Clerk’s Office at (831) 420-2204 no later than 11:00 a.m. the court day before the ex parte determination. Notice will not be accepted earlier than two court days before the ex parte determination.

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If the normal ex parte timelines cannot be met before the scheduled lockout date listed on the Sheriff’s Notice, you may notify the court of your intent to submit an ex parte application no later than 11:00 a.m. the day of the ex parte determination.

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Ex Parte Paperwork:

Ex parte paperwork should be submitted to the Clerk’s Office no later than 3:00 p.m. the court day prior to the ex parte determination. Paperwork will not be accepted earlier than two court days before the ex parte determination. Submission may be in person (if self represented) or by efile.

If the normal ex parte timelines cannot be met before the scheduled lockout date listed on the Sheriff’s Notice, the paperwork may be submitted up to 12:00 p.m. the day of the ex parte determination.

A copy of the ex parte papers must be provided by the person requesting relief to the other party or their attorney before submitting the paperwork to the court. The papers may be delivered to the other party in person, by fax or by email. Proof of service must be submitted. This may be done by using the Local Form SUPCV 420.

Opposition to Ex Parte Request: Objections to the ex parte relief requested shall be submitted to the Clerk’s Office and served on the party making the ex parte request as soon as possible after notice is received, but no later than 10:00 a.m. the day of the ex parte determination. Submission to the Clerk’s Office may be in person (if self represented) or by efile. The objection must be served by personal delivery, fax or email to the other party. Proof of service must be submitted with the objection.

Request for Appearance at Hearing: If either party requests to appear on the application or opposition, the application or opposition must state this request on the face page of the ex parte application and/or opposition. The court will contact the parties to notify them of the date of the ex parte hearing on an 8:30 a.m. calendar if the reviewing judge orders one.

Decisions on Ex Parte Applications: Signed orders will be available after 2:30 p.m. on the day of the ex parte determination or on the day of the ex parte hearing, if ordered.

(Eff. 1/1/23) (Rev. 1/1/24) (Rev. 1/1/25)

(Rev. 7/1/25)

Rule 2.9.04 Matters Not Appropriate For Ex Parte Procedure

The Family Law and Probate Departments have local rules regarding ex parte matters. See Local Rules 3.1.13 and 4.1.08.

Non-appropriate Matters: If the judge determines that the matter can be handled through normal procedure (i.e., noticed hearing or sent through the Clerk's Office), the application

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will be denied. The Court shall retain denied applications. The following types of orders will not be accepted:

Stipulated Orders in an existing case (e.g., Stipulated Judgment).

Orders After Hearing

Judgment After Trial

Default Judgment

Stipulations for Order to Continue Trial, Mediation, or Case Management may be sent through the Clerk’s Office without a noticed ex parte hearing.

Matters not appropriate for the ex parte procedure are to be submitted to the Clerk’s Office. If a time urgency exists, a request to expedite may be made.

(Eff. 1/1/91) (Rev. 7/97) (Renumbered 7/1/07)

(Rev. 1/1/09) (Rev. 7/1/14) (Renumbered 7/1/17) (Rev. 1/1/19) (Renumbered 7/1/20) (Rev. 1/1/23)

Rule 2.10 TENTATIVE RULINGS

Rule 2.10.01 Civil Tentative Rulings

The court follows the tentative ruling procedure set forth in Rule 3.1308 of the California Rules of Court. Tentative Rulings are not required, but a Judicial Officer who does issue Tentative Rulings will prepare and publish a Tentative Ruling by 3:00 p.m. on the day preceding the scheduled hearing.

Obtaining Rulings. A tentative ruling on civil law and motion matter may be obtained by:

Telephoning the court at (831) 420-2300 between 3:00 and 4:00 pm of the court day preceding the scheduled hearing; or

Accessing tentative rulings on the court’s website, at www.santacruzcourt.org.

Appearance and Oral Argument. If a party wants to present oral argument, pursuant to

Rule 3.1308, the party must contact the court at (831) 420-2483 and all opposing parties by 4:00 p.m. of the court day preceding the scheduled hearing. Notice may consist of a phone call or email to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly). Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court.

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Whenever a tentative ruling has not been issued, the parties are to appear at the hearing unless otherwise ordered. Appearance is always required on small claims matters and on all claims of exemption.

Absent a request to appear and be heard for any matter on the Civil Law and Motion Calendar, all posted tentative rulings shall become the final ruling of the court. Should a hearing be requested by any party or ordered by the court, the Court may, in its discretion, modify or affirm the tentative ruling and advise the parties of its ruling at the hearing.

Sanction Requests. All requests for sanctions not ruled upon are deemed denied.

Preparation of Order. When a tentative ruling is uncontested or is adopted in full by the Court as the final ruling after argument, without modification, the prevailing party is required to prepare a formal order repeating verbatim the substantive portion of the ruling. Copy the text from the proposed tentative ruling and paste it into a pleading template. The order may be immediately submitted to the Court for execution in the courtroom or submitted for e-filing without obtaining approval of other parties. In all other cases, the prevailing party shall prepare an order consistent with the announced ruling in accordance with California Rule of Court 3.1312 and shall forward the proposed order to counsel for review before submitting it to the Court for execution and filing.

(Eff. 7/1/17) (Renumbered 7/1/20)

Rule 2.11 CASES INVOLVING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Rule 2.11.01 Form and Format of the Administrative Record

The format of the administrative record shall be governed by California Rule of Court 3.2205. (Eff. 1/1/20) (Renumbered 7/1/20)

Rule 2.11.02 Lodging of the Administrative Record

In accordance with California Rule of Court 3.2206 the party preparing the administrative record must lodge one copy of the record in an electronic format that is both searchable and readable and complies with California Rule of Court 3.2207. If the party also wishes to lodge a paper copy, it must comply with California Rule of Court 3.2208 and be bound in three ring binders. (Eff. 1/1/20) (Renumbered 7/1/20) (Rev. 1/1/26)

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Rule 2.11.03 Disputes Regarding the Contents of the Administrative Record

Once the administrative record has been filed, any disputes about its accuracy or scope should be resolved by appropriate noticed motion. A motion to supplement the certified administrative record with additional documents or to exclude certain documents from the record may be noticed by any party and should be filed no later than the deadline for filing of petitioner’s opening memorandum of points and authorities in support of the writ. Opposition and reply memoranda on the motion should be filed no later than the deadline for filing the opposition and reply memoranda regarding the writ. (Eff. 1/1/20) (Renumbered 7/1/20)

Rule 2.11.04 Trial Notebooks

Petitioner shall prepare a trial notebook that must be delivered to the trial judge 21 days before the date of the hearing or at the time the Reply Brief is filed, whichever is later. The trial notebook must consist of the petition, all answers, the briefs, any motions set to be heard at trial, the statement of issues, and any other documents agreed upon by the parties. Any submitted trial notebooks are for the convenience of the trial judge and shall be marked “Chambers Copy”. (Eff. 1/1/20) (Renumbered 7/1/20) (Rev. 1/1/26)

Rule 2.11.05 Administrative Record Excerpts

Petitioner, in cooperation with the responding parties, must prepare a collection of the key Administrative Record for the use of the trial judge. The excerpts shall be submitted to the clerk of the court 21 days before the date of the hearing or at the time the Reply Brief is filed, whichever is later. The collection shall contain each page of the Administrative Record cited in any of the parties’ briefs, including the page before and the page following the cited page in the Administrative Record. The collection of Administrative Record excerpts must be in an electronic format that is both searchable and readable or housed in three-ring binders. Any submitted administrative record excerpts are for the convenience of the trial judge and shall be marked “Chambers Copy”. (Eff. 1/1/20) (Renumbered 7/1/20) (Rev. 1/1/26)

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DIVISION THREE – FAMILY LAW

Rule 3.1 GENERAL RULES

Rule 3.1.01 Local Civil Rules Applicable to Family Law

Except as otherwise provided in these rules, all provisions in the Local Civil Rules apply to Family Law proceedings. (Rev. 1/1/93) (Rev. 1/1/95) (Rev. 1/1/09) (Rev. 1/1/13)

Rule 3.1.02 Telephone Appearance [REVOKED]

(Eff. 1/1/13) (Rev. 7/1/14) (Rev. 7/1/20) (Revoked

1/1/21)

Rule 3.1.03 Meet and Confer Requirement

Prior to any hearing on the family law calendar, and prior to filing a status conference statement or settlement conference statement, counsel or parties in pro per must meet and confer, in person or by telephone, unless prohibited by a restraining order, on the following issues:

settlement possibilities;

any proposed orders to be requested; and

suitability of the case for case management, pursuant to Family Code §§ 2450, et seq.

(Eff. 1/1/91) (Rev. 1/1/01) (Renumbered 1/1/13)

Rule 3.1.04 Completion of Forms

All Judicial Council forms, including declarations, must be timely filed. All blanks on the forms must be answered. Notations such as "Unk." for Unknown, "Est." for Estimate, "N/A" for Not Applicable, and "None" should be used to avoid leaving any item blank. (Eff. 1/1/91) (Renumbered 1/1/13)

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Rule 3.1.05 Initial Status Conference

At the time a Petition for Dissolution, Petition for Nullity, Petition for Legal Separation, Petition for Dissolution/Nullity/Legal Separation of Domestic Partnership, Petition for Custody and Support of Minor Children or a Petition to Determine Parental Relationship (other than filed by the Department of Child Support Services) is filed, the Clerk shall append to the initial pleading a document entitled Notice of Status Conference stating the DATE, TIME and PLACE of the status conference. The conference date shall be set approximately 180 days from the date of filing of the initial pleading. It is the responsibility of the filing party to serve all other parties with Notice of the Status Conference date. The conference date will automatically be vacated when a judgment is entered, or a dismissal filed. (Eff. 1/1/99) (Rev. 1/1/09) (Renumbered & Rev. 1/1/13) (Rev. 7/1/25)

Rule 3.1.06 Status Conference

After the initial status conference, status conferences will be set as frequently as needed in order to expedite the completion of the case in compliance with California Rule of Court 5.83.

The parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034, to inform the court of the progress they have made in their case. The form may be filed jointly. This must be filed no later than 10 days before the court date. Parties may attend the conference and discuss their progress towards case resolution with the Court.

If the parties would like to move their status conference date or continue the date because

they are in mediation this joint request needs to be made on the Stipulation and Application for Order to Change Status Conference, local form SUPFL 1013. This needs to be filed no later than 10 days before the court date. In most circumstances the Court will not grant more than a four month continuance.

If one party wants to continue the status conference date and the other party does not, then

both parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034 to inform the Court of the progress they have made in their case. This must be filed no later than 10 days before the court date. The Court will decide at the status conference if the case will be continued to a further status conference date.

At the status conference the Court will consider: Setting a Voluntary Settlement Conference, continuing the case for further status conference or Family Centered Case

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Resolution Conference, severing or bifurcation causes of actions or issues, consolidating cases, dismissing the action for lack of progress, setting the case or bifurcated issues for trial, or taking steps to bring the parties into compliance with any previously ordered Family Case Centered Resolution plan.

Privately mediating parties, after the initial status conference date, will thereafter be scheduled for a status conference date no less frequently than every four months.

(Eff. 1/1/99) (Rev. 1/1/01) (Rev. 1/1/06)

(Rev. 1/1/07) (Rev. 1/1/09) (Rev. 1/1/11)

(Renumbered & Rev. 1/1/13) (Rev. 7/1/20) (Rev. 7/1/25)

Rule 3.1.07 Trial Continuances

Either side may file a Request for Trial – Family Law, local from SUPFL 1042. After receipt of this request the Court will send out notices for the date of the trial setting. The trial setting court date will be scheduled within four weeks. Either trial counsel, or parties without an attorney, must be present at the trial setting.

It is the policy of the Court not to continue matters set for trial without good cause. Any

stipulated request for such continuance must be accompanied by local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, with a declaration of cause. A stipulation alone is not sufficient to obtain a continuance. To be considered the declaration must also contain a time estimate for trial. Such a request must be submitted at least ten calendar days prior to the trial sought to be continued.

Requests for continuances of trials may be considered on the ex parte calendar.

Trials will not be set prior to the completion of discovery.

(Eff. 1/1/99) (Rev. 7/1/04) (Rev. 1/1/06)

(Renumbered 1/1/07) (Rev. 1/1/09) (Renumbered & Rev. 1/1/13) (Rev. 1/1/19) (Rev. 7/1/20) (Rev. 1/1/24)

Rule 3.1.08 Settlement Conferences

This Court adopts the policy that good faith efforts to settle family law trials are an essential part of the judicial process and are encouraged. The Court offers the Voluntary Settlement Conferences as a mechanism for resolution.

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Failure to comply with the procedures outlined in this rule may subject the offending party/attorney to sanctions, including monetary sanctions. Represented and self-represented litigants are expected to comply with this Rule.

Eligibility to Schedule Settlement Conferences

The following must be completed and exchanged for the case to be eligible to be scheduled for a voluntary settlement conference:

a) Preliminary disclosures

b) Discovery/exchange of all documents

c) Appraisals/Valuations (real & personal property)

d) Any and all expert reports

Cases shall be submitted for judicial review to determine if the above criteria have been met and that the following are true:

a) The parties/attorneys are prepared and ready for settlement and/or trial.

b) The parties themselves are willing and ready to participate in settlement discussions and resolution.

Requesting a Voluntary Settlement Conference

Conferences may be requested at a scheduled court date.

Outside of a hearing, conferences may be requested by filing a stipulation and order to set the matter for a settlement conference using the mandatory Local Form SUPFL 500. Stipulations will be submitted for judicial review to determine if the case is eligible for a voluntary settlement conference.

Settlement Conference Scheduling

Conferences will be set with a Settlement Attorney appointed by the Court or a Family Law Pro Tem.

Conferences will be held remotely on Zoom. In-person conferences may be held at the Watsonville Courthouse if all parties agree.

A status conference hearing will be scheduled 3-6 weeks after the voluntary settlement conference date.

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It is the policy of the Court not to continue matters set for settlement conference

without good cause. Requests to reschedule a settlement conference date shall be done by filing a stipulation and order with the clerk at least five court days prior to the settlement conference date using mandatory Local Form SUPFL 501.

a) Future availability should be specified in the stipulation.

b) If the matter is rescheduled updated financial documents may need to be submitted.

Cancelling a scheduled conference may be done by either party after notice to the other party. Requests to cancel should be made as soon as possible but no later than five court days prior to the scheduled date. A party may cancel the conference by:

a) Emailing a request to take off calendar to familylawinfo@santacruzcourt.org or

b) Submitting a request on pleading paper to the Clerk’s Office.

Voluntary Settlement Conferences

Parties shall meet and confer at least ten court days prior to the scheduled date.

Confidential settlement conference statements shall be submitted to the court by both sides at least five court days prior to the scheduled date. The settlement conference statement shall include:

a) For issues of support:

i. An Income and Expense Declaration, Judicial Council form FL-

150, including the last two months of pay stubs or profit and loss statement if applicable.

ii. The following should be exchanged but not filed with the court at least ten days before the settlement conference:

1. The last two years income tax returns,

2. Corporate income tax returns if applicable,

3. W-2’s,

4. 1099’s for the last two years and

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5. Any and all information to assist in deciding questions of income.

iii. A proposed XSpouse calculation run in the last 30 days. The court

may exercise its discretion in not enforcing this requirement for self-represented litigants.

b) The proposed division of property and debts should be set out including

how any equalization payment should be handled.

c) Cases with a history of Domestic Violence should include a brief statement to that effect.

Failure to file a timely settlement conference statement shall result in the conference being taken off calendar and set for an order to show cause why sanctions should not be imposed to be heard at the next scheduled status conference.

Settlement Agreements

The parties shall endeavor to document the agreement during the settlement conference. In cases where there is good cause for not documenting during the settlement conference, the court will provide alternative options. (Eff. 7/1/05) (Rev. 1/1/07) (Rev. 1/1/09) (Rev. 1/1/11) (Renumbered 1/1/13) (Renamed & Rev. 1/1/21) (Rev. 1/1/24) (Rev. 7/1/25)

Rule 3.1.09 Judicial Mediation

The Court may conduct judicial mediations. The scope and content of the mediation is in the discretion of the judicial officer facilitating the mediation. Judicial mediation will be facilitative in nature.

Counsel shall prepare and lodge a confidential mediation brief at least seven (7) court days prior to the mediation date. The brief shall not exceed ten pages, excluding necessary exhibits. Failure to comply with this requirement may result in monetary sanctions, termination of the mediation, or both.

(Eff. 1/1/07) (Rev. 1/1/11) (Renumbered 1/1/13)

(Rev. 7/1/17) (Rev. 1/1/21)

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Rule 3.1.10 Trial

Matters will not be set for trial until discovery has been completed.

Trials will be set directly on the Family Law Department Calendar.

Unless the Court states otherwise, trial briefs are required for any evidentiary hearing greater than 1 and ½ hours in length. Trial briefs are due no later than seven (7) court days prior to the scheduled trial date.

(Eff. 1/1/06) (Renumbered 1/1/07) (Rev. 1/1/09)

(Renumbered 1/1/13) (Rev. 1/1/16) (Rev. 1/1/21)

Rule 3.1.11 Stipulation to Commissioner

In some proceedings assigned to a family law department, the parties may be asked to stipulate that their matter be heard and decided by a commissioner, acting as a temporary judge, including the power to punish for contempt. (Eff. 7/1/05) (Renumbered 1/1/06) (Renumbered 1/1/07) (Rev. 1/1/09) (Renumbered 1/1/13)

Rule 3.1.12 Stipulation to Drop/Request to Reset Motions and OSC [REVOKED]

(Eff. 1/1/08) (Rev. 1/1/09) (Renumbered 1/1/13)

(Revoked. 7/1/13)

Rule 3.1.13 Ex Partes in Family Law

Ex Parte Application (Domestic Violence filings, see item (i) below)

Ex parte applications are extraordinary remedies. Most ex parte applications are appropriate only when irreparable injury or immediate danger would result before the matter could be heard through the regular process of filing a motion (order to show cause). All ex parte applications are handled on the documents submitted.

Notice of Application

The moving attorney or self-represented party must give notice of all ex parte applications to the opposing attorney or self-represented party prior to submission of the request, except where it is impossible to give notice, notice would frustrate the purposes of the order requested, and notice would result in irreparable injury or where no significant burden or inconvenience would result. The different types of notice accepted by the Court are indicated on Judicial Council form Declaration Regarding Notice and Service of

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Request for Temporary Emergency (Ex Parte) Orders, FL-303. This notice must be given by 10:00 a.m. the court day before the 1:00 p.m. ex parte hearing (notice given by 10:00 a.m. Friday will result in a court day the next day the court is open). The same day you give notice you must contact the ex parte clerk at the Watsonville Courthouse by 11:00 a.m. to inform the Clerk’s Office that you have an ex parte hearing the next day. You can reach the clerk by calling (831) 786-7200 or emailing familylawinfo@santacruzcourt.org . If you don’t have access to a phone, you may bring written notice to the Watsonville Courthouse Clerk’s Office of your intent to have an ex parte hearing. Written notice must be submitted in person by 11:00 a.m. the court day before you want to have the ex parte hearing.

Submitting Ex Partes

All ex parte moving papers shall be submitted to the Clerk’s Office. Ex parte moving papers must be delivered to the Watsonville Courthouse no later than 3:00 p.m. the day before the ex parte hearing.

Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders

The attorney or self-represented party requesting ex parte orders must submit Judicial Council form Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, FL-303 along with other moving papers.

THERE IS AN ABSOLUTE DUTY TO DISCLOSE IN YOUR MOVING PAPERS BOTH (1) THE FACT THAT A REQUESTED EX PARTE ORDER WILL RESULT IN A CHANGE OF STATUS QUO AND/OR (2) WHETHER ORDERS ARE ALREADY IN EFFECT REGARDING THE SAME ISSUE.

The person filing for the ex parte must provide a copy of the moving papers to the other side no later than 3 p.m. the day before the ex parte hearing. The papers may be delivered in person, by fax or by email.

Opposition

Responding/opposing attorneys or self represented parties shall submit their objections to the party moving for ex parte application and to the clerk’s office as soon as possible after notice is received, but no later than 10:00 a.m. the day of the hearing.

Ex Parte Orders

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All family law ex parte orders are ready at approximately 1:30 p.m. Parties will be notified by the Clerk’s Office if there is a change in time for the ex parte orders. If you electronically file your ex parte request, you must include availability dates with your ex parte request. Include three dates both to cover an order shortening time (no more than 21 days) and a denied order shortening time (no less than 30 days). Your ex parte papers and court date will be returned electronically. If you decide you do not want to go forward on your ex parte motion, normal procedures should be followed to take a matter off calendar. The refund of your filing fee will take approximately 4 to 6 weeks. If you do not include dates with your electronically filed ex parte, then it will be assumed you are picking up the paperwork in person, and the papers will be processed for in person pick-up. If you are a self represented litigant who filed court papers at the clerk’s office in Watsonville, ex parte court papers can be picked up at 1:30 p.m. when you will schedule a court date.

Domestic Violence Restraining Orders (Domestic Violence Prevention and Elder or Dependent Adult Abuse Prevention) must be filed with the Clerk’s Office no later than 10:00 a.m. for the request to be considered that same day. If the initial papers are brought to the Santa Cruz Clerk’s Office, they will be scanned to the Watsonville Courthouse. All papers, other than the initial restraining order request, must be filed at the Watsonville Courthouse.

(Eff. 1/1/09) (Rev. 1/1/11) (Renumbered & Rev.

1/1/13) (Rev. 7/1/13) (Rev. 7/1/16) (Rev. 1/17) (Rev. 7/1/17) (Rev 1/1/24) (Rev. 7/1/24)

Rule 3.1.14 Service by Publication or Posting for Summons

A petitioner may serve a summons by publishing or posting only if service cannot be effectuated as outlined by the Code of Civil Procedure § 415.10 through § 415.40. However, service by posting may be ordered only if the petitioner is found to be indigent.

To request service by publication or posting, the petitioner must follow the instructions, complete and submit to the Court the following Judicial Council forms; Application for Order for Publication or Posting (FL-980), Order for Publication or Posting (FL-982), and when needed Proof of Service by Posting (FL-985).

(Eff. 1/1/09) (Rev. 1/1/11) (Renumbered 1/1/13)

(Rev. 7/1/13)

Rule 3.1.15 Assignment of Cases and Challenges to Assigned Judge

Upon first filing of a case in the Family Law Division the clerk shall assign the case to one of the two family law departments. These case assignments are deemed “all-purpose”

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assignments under Code of Civil Procedure Section 170.6(a)(2). All matters shall be initially calendared in the appropriate department based on the “all-purpose” assignment. Nothing in these rules shall prevent the court from reassigning a subject case to a different judge, in which case the court shall notify the parties of the assignment.

A challenge to the assigned judge pursuant to Code of Civil Procedure section 170.6 shall be made within 15 days after notice of the all-purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the appearance. Upon the acceptance of such a challenge, the court shall reassign the case to a different judge and notify counsel, or parties, of the reassignment.

(Eff. 7/1/19) (Rev 1/1/22)

Rule 3.1.16 Request for Continuances

A request to continue a previously filed Request for Order may be made by agreement of the parties by completing and filing Judicial Council form FL-308 Agreement and Order to Reschedule Hearing or if there is no agreement the process outlined below.

Time for submitting request: In accordance with California Rule of Court 5.95(d)(1)(A)(iv), the request for continuance and proof of service must be submitted to the court no later than 5 court days prior to the hearing date originally set on the request for order.

Requesting to continue a hearing for an unserved Request for Order: Complete and file Judicial Council forms FL-306 Request to Reschedule Hearing, or FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders, and the FL-309 Order on Request to Continue Hearing. No notice to the other party is required since they have not been served. The court will set a new date. No more than two requests to continue may be made using this procedure.

Requesting to continue a hearing for a Request for Order that has been served on the other party:

Complete the FL-306, or FL-307 for temporary orders, and the FL-309. Before filing with the court, the other party or attorney for the other party must be served with a copy of the request in accordance with Family Law Ex Parte Local Rule 3.1.13 and a proof of service completed using either Judicial Council form FL- 303 or local form SUPFL 1104.

Response to request: A written response must be filed and served as soon as possible after notice is given, but no later than 10:00 a.m. the day the request is

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scheduled to be heard. Judicial Council Form FL-310 Responsive Declaration to Request to Reschedule Hearing may be used.

Untimely Request: If the request is unable to be made in accordance with (b) the party asking to reschedule shall appear in court on the scheduled hearing date to make an oral request for a continuance in accordance with California Rule of Court 5.95(d)(1)(B). The requesting party must complete and submit a proposed FL-309 Order on Request to Reschedule Hearing.

(Eff. 1/1/20) (Rev. 7/1/20) (Rev. 7/1/21)

Rule 3.1.17 Domestic Violence Coordination Protocol

Purpose: This rule sets forth the court communication and coordination protocol for Domestic Violence and Child Custody Orders as required by the California Rules of Court. This protocol is intended to avoid the issuance of conflicting orders when possible, and to permit appropriate visitation between a restrained person and the children who are the subject of a family, probate or juvenile proceeding, while providing for the safety of all victims and witnesses. Furthermore, the best interests of the children, litigants and the Court are promoted by early identification and coordination of proceedings involving the same children or the children’s caretakers. To that end, this rule is also designed to promote the policy that all bench officers have information about the existence of overlapping cases. This rule recognizes the statutory requirement that a criminal protective order (“CPO”) has precedence of enforcement over all other contact orders except in situations where the CPO is less restrictive than the contact order issued by another court. If a CPO permits exceptions allowing for peaceful contact pursuant to an existing or future court order of the family, juvenile or probate court issued to effectuate the safe exchange of children and permit court-ordered visitation, then such contact and visitation between a criminal defendant and a protected party or parties will be governed by the family, juvenile or probate court’s contact order. If the CPO does not provide for exceptions for court ordered visitation by the family, juvenile or probate court, then the criminal defendant will be required to seek modification of the CPO from the criminal court before another court can allow such contact or visitation.

Court Communication: It is this court’s goal to coordinate domestic violence orders. It is the clerk’s responsibility, upon any request for protective orders, to make reasonable efforts to determine if any such orders have already been issued to the same parties or children in any other department of the Santa Cruz Superior Court by accessing the court’s case management system.

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Avoiding Conflicting Orders: The family court shall not knowingly issue a protective order in conflict with a criminal protective order (“CPO”) of the criminal court, but it may issue a more restrictive order. If a conflicting order issues inadvertently, the orders of the criminal law proceeding shall have priority if the CPO is more restrictive.

Modification of Criminal Orders: A court issuing a criminal protective order may, after review of any existing family, probate, or juvenile court orders, modify the criminal protective order to allow or restrict contact between the criminal defendant and their children, spouse, or other protected person(s).

Coexisting Criminal, Family, Probate and Juvenile Orders: A family, probate or juvenile court order may coexist with a criminal protective order, subject to the following:

Any order that permits contact between the restrained person/criminal defendant and their children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “stay-away” or a “no contact order” issued by a criminal court.

Safety of all parties shall be the Court’s paramount concern. The family, probate or juvenile court order shall specify the time, day, place, and manner of transfer of the children, to the extent required by Family Code section 3100.

Issuance and Enforcement of Restraining Order: Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file endorsed copy of the order to the Santa Cruz County Sheriff's Department for input into CLETS (a statewide computerized registration system for restraining orders).

(Eff. 7/1/24)

Rule 3.2 FINANCIAL ISSUES

Rule 3.2.01 Financial Issues - General Rules

The Court's temporary spousal support guideline is based on the current Alameda County guidelines using the XSpouse program. The suggested schedule is a guideline only and the Court will exercise its discretion and depart from the schedule upon a showing of good cause.

At the time of hearing on spousal and/or child support, each party will be expected to furnish evidence as to the earnings of the parties or explain the inability to secure same.

For all child support hearings and for temporary spousal support hearings, each party must submit a printout using a Judicial Council approved support program that reflects the

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party’s proposed findings on the issues to be decided. This may be submitted with the
initial request or no later than 5 days before the court date. The printout must be served on
the other side. In the event that either party seeks a support order which deviates from the
statewide uniform child support guidelines, that party shall set forth the factual basis for
the request in their pleadings. The court may exercise its discretion in not enforcing this
requirement for self-represented litigants.

The Court uses XSpouse for its child support and temporary spousal support calculations.
In Department of Child Support (DCSS) cases, the Court uses the Department of Child
Support’s web-based guideline calculator.

Except in DCSS cases, the Court discourages counting hours to determine timeshare. The
Court will not use less than whole numbers in computing timeshare.

In most non-DCSS cases, the Court uses the following timeshare percentages:

• one evening per week 7%
• 1-24 hr. day per week 14%
• alternate weekends 14%
• split holidays 2%
• 1 week per year 2%
• 2 hours per week 1%

(Rev. 7/1/97) (Rev. 1/1/06) (Rev. 1/1/09)
(Rev. 7/1/21) (Rev. 1/1/24) (Rev. 7/1/25)

Rule 3.3 CUSTODY ISSUES

Rule 3.3.01 (Reserved)

Rule 3.3.02 Child Custody Recommending Counseling (CCRC)

Meet and Confer: Parties shall make a good faith effort to arrive at an agreement regarding child custody or visitation before any court hearing.

Child Custody Recommending Counseling (CCRC): If there is disagreement over child custody or visitation in the matter before the Court, this issue may be referred to CCRC at no cost to the parties. Parties are allowed three free hours of CCRC every 12 months. After the first three hours court fees will be assessed. Failure to appear without 48 hours’ notice will result in assessment of fees.

Santa Cruz is a “recommending” jurisdiction.

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All Child Custody Recommending Counseling proceedings shall be held in private, and all communications from the parties to the counselor shall be deemed official information within the meaning of Evidence Code § 1040. In the absence of an agreement between the parties, the counselor will make recommendations to the Court as to the custody and visitation issues including, if appropriate, a recommendation for an investigation pursuant to Family Code §§ 3110 through 3113.

No challenge of a court counselor shall be allowed.

No documents or pleadings shall be sent or provided to counselor unless requested by the counselor.

The day of your mediation date you will be required to come 30 minutes early to participate in Family Court Services (FCS) Orientation which consists of a video overview of the mediation process.

(Eff. 1/1/00) (Rev. 1/1/01) (Rev. 1/1/09)

(Rev. 1/1/11) (Rev. 1/1/13) (Rev. 1/1/16)

Rule 3.3.03 Child Custody Evaluations

Court ordered evaluations.

All evaluators appointed by the Court to conduct child custody and visitation evaluations, whether by stipulation or otherwise, shall be appointed under Evidence Code Section 730.

Evaluator selection

Where the parties are unable to agree on an evaluator to conduct the custody evaluation, the Court shall select an evaluator for the parties in a manner as determined by the Court. If the evaluator appointed by the Court does not accept the appointment, the parties or their attorneys shall contact the Court and request the appointment of a different evaluator. A list of private evaluators who have represented that they meet the training and education requirements of the California Rules of Court, Rules 5.225 and 5.230 will be maintained by Family Court Services. The list is publicly accessible on the Family Court Services page of the Court’s website. If you are unable to access the digital version, the Self Help Center will provide a hard copy of the list.

Challenge of the Evaluator

No challenge of a Court-appointed evaluator shall be allowed.

Withdrawal from a case

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A private evaluator may withdraw from a case upon a showing of good cause to the trial court making the appointment.

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Information from children

The Court relies on the judgment of evaluators in making decisions about when, how often, and under what circumstances children are interviewed. Except in extraordinary circumstances, including the potential for danger to the child, children will be informed that the information provided by the child will not be confidential. A child may be seen alone, with one parent, and/or both, at the discretion of the investigator. Interviews with siblings may be separate, at the discretion of the investigator.

Complaint procedure

If a party alleges that an unprofessional or inappropriate act has occurred on the part of the evaluator during the evaluation, the party may discuss the complaint with the evaluator directly in order to handle misunderstandings.

Complaints concerning the evaluator will not be considered by the Court until after the evaluation is completed, at the hearing on receipt of recommendations. Complaints must be submitted to the Clerk’s Office no later than 15 calendar days before the hearing with copies to the evaluator and all other parties or their attorneys. The evaluator shall submit a written response to all issues raised in the complaint at least 2 calendar days before the hearing. The judge will address the complaint at the time of the hearing. If the party submitting the complaint objects to the bench officer’s resolution of the complaint, the complaint shall become an issue at trial.

Evaluation report

1. All written reports and recommendations shall be served upon the parties or their attorneys.

2. Any written report or recommendation as part of the evaluation shall be confidential and unavailable to any person except the Court, the parties, their attorneys, and any person to whom the Court expressly grants access by written order made with prior notice to all parties.

3. Pursuant to Family Code § 3111(a), any evaluation report generated by an evaluator may be considered by the court and admitted into evidence at any hearing or trial. (Eff. 1/1/99) (Rev. 1/1/01) (Renumbered & Rev. 1/1/09) (Rev. 1/1/11) (Rev. 7/1/24) Local Rules July 1, 2026 46

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Rule 3.3.04 Communication

No investigator or custody counselor may accept ex parte communication from counsel or any party. No attorney or party shall contact the investigator or custody counselor unless in the presence of the opposing counsel or party or in writing. All writings provided to the investigator or custody counselor by one attorney or party shall be provided to the opposing counsel or party in a timely fashion.

No attorney or party shall request information regarding final recommendations from any investigator or custody counselor prior to the release of the final report. No investigator or custody counselor shall divulge final recommendations to either party or their attorney, separately. Final recommendations shall be made available in written form to all parties and their attorneys simultaneously.

No documents or pleadings shall be sent or provided to any evaluator unless requested by the evaluator.

(Rev. 7/1/95) (Rev. 1/1/01) (Renumbered & Rev. 1/1/09) (Rev. 1/1/11) (Rev. 1/1/13) (Rev. 1/1/24)

Rule 3.3.05 Referrals

In some cases, involving allegations of abuse, neglect or other serious unfitness of a parent, the investigation of these issues will be referred by the Court for an investigation under Welfare & Institutions Code § 300. This referral may occur at any stage of the proceedings. Appointment of counsel under Family Code §§ 3150, et seq. will be considered. (Rev. 7/1/95) (Renumbered & Rev. 1/1/09)

Rule 3.3.06 Private Mediation

The parties may stipulate to have a private mediator or custody investigator attempt to help resolve their disputes regarding custody and visitation. (Rev. 1/1/01) (Renumbered 1/1/09) (Rev. 1/1/11)

Rule 3.3.07 Complaint Process

Complaints regarding Family Court Services shall be registered in writing with the Court Executive Officer (CEO).

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The CEO, or their designee, shall conduct an appropriate investigation of the matter including consultation with the individual. Within 30 days the CEO will respond. The date and action taken shall be recorded and the complainant shall be informed in writing.

(Rev. 1/1/01) (Renumbered 1/1/09) (Rev. 1/1/11) (Rev. 1/1/24)

Rule 3.3.08 Processing and Maintaining Reports and Declarations from Supervised Visitation Providers

Supervised visitation providers have several legal responsibilities and duties under Family Code section 3200.5 and Standard 5.20 of the California Standards of Judicial Administration (Uniform Standards of Practice for Providers of Supervised Visitation). Providers should be familiar with all requirements. In addition, the following obligations must be satisfied.

Professional Supervised Visitation Providers’ Obligations:

All professional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Professional) Judicial Council Form (FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met. See Standard 5.20(e)(13). Only training approved by the Judicial Council of California will be accepted by Santa Cruz County Superior Court.

a) The Declaration (FL-324(P)) must be submitted to the Family Court Services Director before the first supervised visit for new providers.

b) The FL-324(P) must be submitted the first week of January each year for professional providers already included on the list.

c) This form will be maintained by the Family Court Services Department.

d) Every time the professional visitation provider submits a report to the court required by Standard 5.20(j)(3), a separate copy of the report must be submitted with the report. The reports should be filed in-person or e- filed at their discretion or when requested by parties, i.e., parents, attorney, the judge.

The Family Court Services Department will maintain a list of providers who have submitted a form FL-324(P) in the past year. The list will also be available on the Court’s website. The Court has the discretion to add or remove providers from the

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list based upon the needs of the Court but does not endorse, evaluate, supervise, or monitor the listed providers or their facilities.

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Nonprofessional Supervised Visitation Providers’ Obligations:

All nonprofessional supervised visitation providers are required to file a Declaration of Supervised Visitation Provider (Nonprofessional) Judicial Council Form (FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met before serving as a visitation provider. See Standard5.20(d)(3).

If a nonprofessional provider will be used, the parents should inform the court and file the FL-324(NP) form with the court. The Declaration (FL-324(NP)) can be

obtained at the Family Court Services Department, Self Help Center, or www.courts.ca.gov.

Visitation Providers are encouraged to review the material available at https://www.courts.ca.gov/cfcc-acesstovisitation.htm regarding the role and duties

of a visitation provider/monitor. (Eff. 7/1/2022)

Rule 3.4 CO-PARENT COURSE

Rule 3.4.01 Co-Parenting Course

After filing for dissolution, legal separation, paternity, nullity, or petition for custody and support, those parties with children will be required to complete an educational online course designed to inform parents of the needs of children when their parents do not live together. This is mandatory. It must be completed before judgment may be entered. Parties filing other case types may be ordered by the court to complete the online course.

The parties must complete the Judicial Council’s online Parenting after Separation Course or PAS (Families Change: http://parenting.familieschange.ca.gov/). There are no substitutions without prior judicial approval.

(Eff. 7/1/91) (Rev. 1/1/01) (Rev. 1/1/11)

(Rev. 1/1/16) (Rev. 7/1/16) (Rev. 1/1/18) (Rev. 7/1/21) (Rev. 1/1/21)

Rule 3.4.02 Attendance

Both parties must complete the online course.

In true default cases (no response and no agreement/MSA) the respondent is not required to complete the online course; however, the Court highly encourages it and may require

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that the respondent complete the course in the future if they file any requests for orders regarding their children.

The parties should complete the online course before their first court appearance. This may be a hearing on a Request for Order, mediation appointment, or status conference, whichever comes first.

After completing the online course, the party will be required to print out and file a copy of the certificate with the Court. A certificate is required to be on file to complete the court case as stated in Local Rule 3.4.01(a).

(Eff. 7/1/91) (Rev. 1/1/01) (Rev. 1/1/11)

(Rev. 1/1/16) (Rev. 1/1/18) (Rev. 7/1/21)

Rule 3.4.03 Co-Parenting Course Information Sheet

A copy of the information sheet on the co-parenting course requirement shall be served with the summons and petition. (Eff. 7/1/91) (Rev. 7/1/21) (Rev. 1/1/23)

Rule 3.5 OFFICE OF FAMILY LAW FACILITATOR (Incorporated into Self Help Center 1/1/09)

Rule 3.5.01 Duties

When performing duties under the Family Law Facilitator Act (Family Code § 10000, et. seq.), in addition to the services provided by the family law facilitator set out in Family Code § 10004, the duties of the facilitator may include any or all of the duties set out in Family Code § 10005, as designated by the Court and subject to adequate funding.

The Court may assign duties to the facilitator outside the scope of the Act if funding other than AB 1058 funding is available to expand the facilitator’s hours.

(Eff. 7/1/97) (Rev. 1/1/00)

RULE 3.6 TIME TO PREPARE ORDERS/JUDGMENTS

Rule 3.6.01 Order Preparation

The timeframe to prepare court orders, as set by the California Rule of Court Rule 5.125, does not start to run for litigants sent to the Self Help Center for assistance in preparing orders, until the date of their appointment.

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(Eff. 1/1/13)

RULE 3.7 COURT REPORTER

Rule 3.7.01 Court Reporters [REVOKED] incorporated into Rule 9.1.02

(Eff. 1/1/13) (Rev. 7/1/15) (Revoked 1/1/18

incorporated in to 9.1.02)

Rule 3.8 COUNSEL FOR MINOR CHILDREN

Rule 3.8.01 Appointment of Counsel

If the family court appoints counsel for a minor child, the appointed attorney must file

the Judicial Council form Declaration of Counsel for a Child Regarding Qualifications (FL-322) with the court indicating compliance with all requirements, including education requirements, no later than 10 days after being appointed and before beginning work on the case. The Judicial Council form Order Appointing Counsel for a Child (FL-323) will be prepared by the Court, by one of the parties or party’s counsel, at the Court’s direction, after the appointment is made. See Family Code §§ 3150 et seq. and California Rules of Court 5.240 et seq. (Eff. 7/1/14)

Rule 3.8.02 Complaint Process

Any party or counsel may present a complaint about the performance of appointed counsel. The complaint must be in writing and served on counsel and self-represented parties. The complaint is to be directed to the Court’s Presiding Judge. A response to the complaint, if any, shall be directed to the Court’s Presiding Judge within seven days of service. The response must be in writing and served on all parties. The Presiding Judge, or their designated agent, shall respond by either setting the matter for hearing or issuing a written response within 30 days. (Eff. 7/1/14) (Rev. 1/1/24)

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DIVISION FOUR - PROBATE RULES

Rule 4.1 PROBATE GENERAL RULES

Rule 4.1.01 Applicability of Rules

Except as otherwise provided in these rules, all provisions in the local general and civil law and motion rules apply to probate proceedings. (Rev. 7/1/91)

Rule 4.1.02 Appearances

Appearances are required on all petitions for appointment of conservators/guardians, confirmation of sale of real or personal property, modification of a trust, any petition which has objections filed, and minor’s compromises. If counsel does not appear on a matter, cases which are incomplete or questionable will be continued or will be dropped from the calendar, depending on the circumstances. (Eff. 1/1/95) (Rev. 7/1/99) (Rev. 7/1/03) (Rev. 7/1/19)

Rule 4.1.03 Probate Attorney's Office

Matters appearing on the probate calendar are reviewed by the Probate Attorney prior to the hearing. Parties and counsel may view the Pre-Approval List on the Santa Cruz County Superior Court’s website one day prior to the hearing to determine if an appearance is necessary. The Probate Attorney may initiate contact with counsel or self- represented parties concerning procedural defects by email if an email address is provided on the pleadings.

The Probate Attorney can be reached at 831-420-2200 or probate@santacruzcourt.org

(Eff. 1/1/95) (Rev. 1/1/96) (Rev. 1/1/99) (Rev.

7/1/03) (Rev. 1/1/08) (Rev. 1/1/09) (Rev. 1/1/11)

(Rev. 1/1/19) (Rev. 1/1/22) (Rev. 1/1/24) (Rev. 1/1/25)

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Rule 4.1.04 Trial on Contested Matters

Trial Setting: A contested matter requiring an evidentiary hearing will be set for trial in the probate department. Counsel and self-represented parties are required to provide the Court with reasonable and accurate time estimates for trial.

Meet and Confer: No later than fourteen calendar days before the date set for trial, counsel and self-represented parties must meet and confer, in person, in good faith. Although the petitioner has the duty to initiate the meet and confer process, the responding party(ies) must initiate it if the petitioner fails to timely do so.

Trial Brief: No later than seven (7) court days before the date set for trial, counsel and self-represented parties shall file trial briefs. The trial brief must contain the following:

A complete and concise factual statement of the case;

A complete and concise statement of the contested issues;

Any points and authorities relevant to a particular contested issue;

A list of witnesses that shall include the witness’ name and business address, a brief statement of the substance of the witness’ testimony, and a time estimate for direct and cross-examination;

A list of exhibits to be offered at trial; and

A reasonable and accurate time estimate for trial. (Eff. 7/1/03) (Rev. 1/1/09) (Rev. 1/1/15) (Rev. 1/1/21) (Rev. 1/1/25)

Rule 4.1.05 Correction of an Order

If an order has been filed, it can only be amended by court order. Depending on the

circumstances, the Court may approve an amended order upon a letter from counsel or may require a verified petition setting forth the basis for the correction and requesting the judge to sign the amended order. Correction of an order shall be in the form of an amended order with all provisions of the original order restated. (Rev. 7/1/91) (Rev. 7/1/99) (Renumbered 7/1/07)

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Rule 4.1.06 Petitions and Status Reports

Except as otherwise specified herein, all petitions and status reports in decedent’s estates must be filed with the Clerk's Office at least 15 days prior to the hearing. A Notice of Hearing on the mandatory Judicial Council form must be submitted at the time of filing of the petition or status report. Proof of Service of the Notice of Hearing must be filed not later than two court days prior to the hearing date. (Rev. 7/1/01) (Renumbered7/1/07) (Rev. 1/1/09) (Rev. 1/1/20) (Rev. 1/1/25)

Rule 4.1.07 Orders

Proposed Orders and Letters: Except in the case of confirmation of sales and contested matters, counsel shall submit the order, and any proposed letters, not later than the fifth court day prior to the hearing date. Orders shall have the scheduled calendar day, department, and time noted on the face sheet below the title of the document.

Form of Orders: All orders must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based. For example, all orders of distribution shall include complete legal descriptions of the real property being distributed. The order shall set forth all matters actually passed on by the Court and the relief granted.

Orders in Contested Matters: The attorney or self-represented party preparing a final order following a contested hearing must provide opposing counsel an opportunity to review and approve the proposed order as to form and content before submitting the order to the court for signature. Objections to form or content relating to the proposed order may be made by letter or in pleading form accompanied by a proposed alternative form of order.

(Rev. 7/1/01) (Renumbered 7/1/07) (Rev. 1/1/09) (Rev. 1/1/20) (Rev. 7/1/20) (Rev. 1/1/25)

Rule 4.1.08 Ex Parte Matters – Probate

Ex parte matters are heard Monday - Friday and will be determined on the papers by 2:30 p.m. unless the Court orders otherwise or unless otherwise required by statute. Ex parte petitions for appointment of temporary conservators and ex parte petitions to change the residence of a temporary conservatee require appearance and will be set on the 8:30 a.m. calendar unless the exceptions outlined in Probate Code Section 2250.4 and Section 2253(d) apply. Petitions and motions appropriate for ex parte determination include, but are not limited to, petitions for special administration, petitions for appointment of

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temporary conservators/guardians, and motions for orders shortening time. Ex parte applications must set forth the justification for such urgent action as required under California Rules of Court Rule 3.1202.

For all ex parte applications other than petitions for appointment of temporary conservators/guardians: Counsel or the self-represented petitioner shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte to be determined and submit the paperwork by 10 a.m. the court day before the intended ex parte determination.

For ex parte petitions for appointment of temporary conservators/guardians: Counsel or the self-represented petitioner seeking to file an ex parte petition for appointment of temporary conservator/guardian or an ex parte petition to change the residence of a temporary conservatee shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte determination, which date will be based on notice and any court investigation required for the ex parte determination. Once a date is scheduled, the paperwork shall be presented to the clerk’s office as soon as possible but no later than 10:00 a.m. five (5) court days before the ex parte date. A request to expedite the matter may be made if a time urgency exists.

Notice to Parties: Unless otherwise provided by statute, notice must be given to the opposing party or their attorney prior to 10:00 a.m. the court day before the ex parte application will be determined by the court. Unless otherwise provided by statute, notice is governed by California Rules of Court Rule 3.1203, et seq. A declaration regarding notice must be submitted with the ex parte paperwork. Optional Local Form SUPCV 420 may be used.

Opposition to Ex Parte Request: Objections to the ex parte relief requested shall be submitted to the clerk’s office and served on the party making the ex parte request and any other individuals/entities entitled to notice as soon as possible after notice is received, but no later than 10:00 a.m. the day of the ex parte determination. The objection must be served by personal delivery, fax, or email to the individuals/entities entitled to notice. Proof of service must be submitted with the objection.

Request for Appearance at Hearing: If either party requests to appear on the ex parte application or objection, the application or objection must state this request on the face page of the ex parte application and/or opposition. The court will contact the parties to notify them of the date of the ex parte hearing if the reviewing judge grants the request for a hearing with appearances by parties.

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(Rev. 7/1/03) (Renumbered 7/1/07) (Rev. 1/1/09) (Rev. 7/1/14) (Rev. 1/1/18) (Rev. 1/1/19) (Rev. 7/1/20) (Rev. 1/1/22) (Rev. 1/1/25) (Rev. 7/1/25)

Rule 4.1.09 Blocked Accounts

A petition and order to place assets in a blocked account shall state that "no withdrawals shall be made without prior Court order". A receipt acknowledged by the financial institution indicating the deposit of cash into a blocked account must be filed with the Clerk's Office within ten (10) days after the date of deposit.

A petition for withdrawal of funds may be submitted ex parte. The mandatory Judicial Council form Petition for Withdrawal of Funds From a Blocked Account (MC-357) must be used.

Monies in blocked accounts should not exceed the limit of Federal Deposit Insurance Corporation insurance for each individual bank or savings and loan association. The attorney, or petitioner in pro per, shall immediately file an ex parte petition for an order authorizing establishment of additional blocked accounts into which funds exceeding the insurance limit shall be deposited.

Petitioners and attorneys should carefully monitor the interest rates being earned on blocked funds. They should strive to earn the maximum amount of interest possible, even if it means obtaining an ex parte order from the Court to remove the funds from one institution to place them in another earning higher interest rates.

(Rev. 7/1/01) (Renumbered 7/1/07) (Rev. 1/1/09)

Rule 4.1.10 Appointment of Probate Referee

The Probate Referees for Santa Cruz County are:

Lucia Areias, P.O. Box 205 Capitola, CA 95010 (mail) Old Soquel Plaza 2715 Porter Street, Suite 106 Soquel, CA 95073 (office). Telephone: (831) 431-6031, email: lucialeo@aol.com ; and

Brian A. Nicholson, 9020 Soquel Drive, Suite 101, Aptos, CA 95003. Telephone: (831) 684-1045, Fax: (831) 684-1062, email: probatereferee@nicholsonco.com .

Lucia Areias will be assigned to all odd-numbered matters and Brian Nicholson will be assigned to all even-numbered matters.

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(Rev. 1/1/96) (Rev. 1/1/06) (Renumbered 7/1/07) (Rev. 1/1/13) (Rev. 1/1/16) (Rev. 7/1/17) (Rev. 8/1/17) (Rev. 7/1/18) (Rev. 1/1/22)

Rule 4.1.11 Supporting Documents

All supporting documents and a proposed order must be submitted at least five (5) court days prior to the hearing. In the event that procedural defects or other problems are noted by the Probate Attorney, documents remedying such defects must be filed by 11:00 a.m. on the day before the hearing. (Eff. 7/1/99) (Rev. 1/1/09) (Renumbered 7/1/17) (Rev. 1/1/19)

Rule 4.2 PROBATE OF ESTATES

Rule 4.2.01 Letters of Special Administration

Petitions for Letters of Special Administration, Judicial Council form DE-111, ordinarily will not be granted on less than 24 hours' notice to the surviving spouse, the person nominated as executor, all individuals and organizations listed in the petition, and any person the Court determines to be entitled to notice. In making the appointment, preference is given to the person entitled to letters, but if it appears that a contest exists, the Court may appoint a neutral person or corporation as special administrator. (Rev. 7/1/91) (Rev. 1/1/25)

Rule 4.2.02 Petitions for Appointment

When a Petition for Probate of a Will or Codicil, Judicial Council form DE-111, is filed, the original of the document being offered for probate shall whenever possible be filed prior to or concurrently with the petition. If the will or any part thereof is handwritten, an exact typewritten copy of the handwritten portion must also accompany the petition.

If the will is in a foreign language, a translation by an expert shall be submitted at the time

of filing the Petition for Probate, Judicial Council form DE-111. An affidavit as to the expertise of the translator shall accompany the translation.

Petitions for Probate of Lost Wills, Judicial Council form DE-111, must clearly state on their face that the will is lost and both the published and mailed notice must so state. Evidence will be required to overcome the presumption of revocation under Probate Code

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§ 6124. In those cases where there is no copy of the will, the Petition for Probate, shall include a written statement of the testamentary words or their substance.

Attachment 8 must clearly identify the relationship of lineal descendants to predeceased heirs and beneficiaries.

(Rev. 7/1/01)

Rule 4.2.03 Declination of Executor

If a nominated executor declines to act, a signed declination must be filed prior to the hearing date. (Eff. 1/1/95)

Rule 4.2.04 Duties and Liabilities of Personal Representative

Duties and Liabilities of Personal Representative, Judicial Council from DE-147, must be filed with the Court before the hearing of the Petition for Probate. The Judicial Council form, Confidential Supplement to Duties and Liabilities of Personal Representative DE-147(S), is not required to be filed. (Rev.7/1/01) (Rev. 1/1/09)

Rule 4.2.05 Consent of Representative(s)

Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, consent to serve as personal representative must be filed for each proposed personal representative. (Rev. 1/1/91) (Rev. 7/1/03) (Rev. 1/1/09)

Rule 4.2.06 Notices

Publication: The Clerk DOES NOT handle the mailing and publication of notices. The Notice of Petition to Administer Estate, Judicial Council form DE-121, must be filed with the Petition for Probate, Judicial Council form DE-111.

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Defective Notice:

Publication Correct but Mailing Defective: The hearing normally will be continued to allow enough time for the mailing of the required amended notice. Republication is not required.

Mailing Correct but Publication Defective: The hearing will normally be continued to allow time for new notice to be given by publication and mailing.

In a Petition for Probate of a Will, all persons and organizations named in the will or codicils shall be listed in the appropriate attachment and noticed.

If the decedent had no known heirs, or heirs of a predeceased spouse pursuant to Probate

Code § 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs.

All Petitions for Probate filed prior to the issuance of letters must be noticed pursuant to Probate Code § 8100 et seq. including publication.

A petition for appointment of a successor personal representative does not require a Notice of Petition to Administer Estate. Notice shall be given in the manner provided in Probate Code § 8100, et seq. Publication is not required.

(Rev. 7/1/01) (Rev 7/1/03) (Rev. 1/1/09) (Rev. 1/1/20)

Rule 4.2.07 Bond Waivers

If written waivers are filed with the Court, bond may be waived by the Court pursuant

to Probate Code § 8481, provided all heirs or beneficiaries are competent to act. If any such persons are incompetent (e.g., minors), an appropriate representative must waive bond on their behalf. (Rev. 7/1/01) (Rev. 1/1/09)

Rule 4.2.08 Inventory and Appraisal

An Inventory and Appraisal, Judicial Council form DE-160, must be filed within four months from when Letters are issued to the general Personal Representative. The Court will set a date for proof of filing the Inventory and Appraisal at the time the Order for Probate is granted. This proof date will not require an appearance in court. Compliance will be determined by the Clerk’s Office. The Inventory and Appraisal must be filed five court days prior to the date set for proof of filing. If the Inventory

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and Appraisal is not timely filed, the Clerk’s Office will set an Order to Show Cause hearing at which the personal representative and/or counsel will be required to appear and explain why the Inventory and Appraisal has not been timely filed. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09) (Rev. 1/2/22)

Rule 4.2.09 Continuances

Matters set by the Court, such as compliance hearings and status hearings, can be continued only by the judge in open court on the date originally set. Continuances for these matters can be requested in writing by filing a formal declaration with the Court ten court days before the hearing. (Renamed and Rev. 1/1/09)

Rule 4.2.10 Sale of Real Property

A copy of the contract of sale shall be attached to the petition for confirmation of sale.

Petitions for confirmation of sales of real property, Judicial Council form DE-260/GC- 060 Report of Sale and Petition for Order Confirming Sale of Real Property, shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition.

Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditioned upon closing of a sale of the un-owned fraction. The other fractional owner(s) shall be noticed of the hearing. If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid.

Overbids: All overbids in open court must be in writing before the Court will accept the offer and grant the sale.

Reappraisals: When the date of the confirmation hearing is more than one year after date of death, a reappraisal for sale must be filed with the Court before the confirmation hearing can proceed. Reappraisals must be made by the probate referee unless the Court has waived appointment of the referee. The following information should be inserted in the reappraisal for sale immediately after the legal description of the real property:

The appraised value as of the date of death.

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The appraised value as of the date of the appraisal.

Cash deposit on bids for real property: Bids for the purchase of real property must be accompanied by a minimum of ten percent of the amount bid. When an overbid is made in court, the bidder must submit cash, money order, or certified check at the time of the hearing in the amount of ten percent of the minimum overbid.

(Eff. 1/1/91) (Rev. 7/1/99) (Rev.7/1/03)

(Rev. 1/1/09)

Rule 4.2.11 Petitions for Instructions

A petition for instructions is appropriate only when no other procedure is provided by statute. The petition should clearly describe the instructions requested to be approved. For example, the Court will not determine the manner in which an estate should be distributed on a petition for instructions. Such direction can only be obtained by a petition for distribution or by a petition to determine persons entitled to distribution. (Eff. 1/1/91) (Rev. 7/1/99) (Rev. 1/1/22)

Rule 4.2.12 Petitions for Distribution

Ex Parte Preliminary Distribution Petitions: Ex parte petitions for distribution must set forth the justification for such urgent action as required under California Rule of Court 3.1201.

Description of Assets: Property to be distributed shall be listed and described in detail; description by reference to the will or inventory is not acceptable. This applies to preliminary and final distributions with or without an accounting. If the distribution includes any interest in real property, the legal description, including the assessor’s parcel number, must be included in the body of the decree or in an attachment incorporated by reference.

Specifically Bequeathed Property: If specifically bequeathed property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact.

Description of Distributees: The names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution.

Allegations re Health Care Benefits: The first report of administration of a decedent's estate must contain allegations either that notice of decedent's death has been provided to

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the Director of Health Services required by Probate Code §§ 9202 and 215 or that no such notice is required.

Distribution to Intestate Heirs: The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of interstate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent’s death.

Interest on General Pecuniary Legacies: The Court will strictly enforce Probate Code § 12003 and will order payment of interest at the statutory rate on all general pecuniary legacies not paid within one year from the date of decedent's death unless payment of interest is waived in the will. Attorneys are responsible for determining the correct rate and computing the amount of interest.

Payment of Taxes: The petition for final distribution must address the question of the source of the payment of the federal estate tax if any. If prorated, the final report must show the computation and the order for final distribution must include the proration. All persons sharing the tax obligation shall be given notice of the hearing on the petition.

Allegation re Character of Assets: The petition for distribution must contain an allegation as to the separate or community character of the property.

Closing Expenses: When closing expenses are requested, the petition and order must set forth the distribution of any unused portion thereof.

When there is insufficient cash in the estate to pay the statutory attorney's fees, the petition shall address the method of payment of the fees (e.g., via a lien on real property, or pursuant to outside agreement between the attorney and all residual beneficiaries, etc.). There shall be sufficient evidence to indicate that all beneficiaries affected are aware of the arrangement.

(Rev. 7/1/01) (Rev. 7/1/03) (Rev. 1/1/09) (Rev. 1/1/13) (Rev. 1/1/22)

Rule 4.2.13 Final Discharge

The "order" portion of the Judicial Council form DE-295, Ex Parte Petition for Final Discharge and Order shall be completed in full except for the date and name of the judge. (Eff. 1/1/91)

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Rule 4.2.14 Removal of a Personal Representative

With the petition for removal, the petitioner shall submit a proposed order directing the clerk to issue a citation. The petitioner shall also submit the citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and letters revoked. (Eff. 1/1/91) (Rev. 7/1/01)

Rule 4.2.15 Compensation of Personal Representatives and Attorneys in Probate Estates

Allowance on account of statutory compensation in advance of final distribution must be in accordance with the work performed. Ordinarily, no more than 75% of the statutory compensation will be allowed before approval of final distribution. In the Court’s discretion, the full amount may be allowed where the estate or heirs will benefit (e.g., to reduce income taxes) or where ordinary services have been completed and final distribution is delayed only in order to perform extraordinary services.

The Court may deduct from the personal representative's statutory commission any sums paid from estate funds for the performance of the representative's ordinary duties.

Community Property Election:

If both halves of the community property are properly included in the probate

proceeding, statutory compensation calculated on both halves of the community property will be allowed.

In cases in which only one-half of the community property is subject to probate, compensation for ordinary services may only be based upon the value of that part of the community property which is subject to probate.

Extraordinary Services:

Ordinarily, compensation for extraordinary services will not be allowed or paid before the final accounting has been approved by the Court.

Except as stated below for routine real property sales and federal estate tax work, applications for fees or commissions for extraordinary services shall include the information specified in California Rule of Court 7.703

Sales of Real Property: In determining the compensation of an attorney for extraordinary services rendered with respect to real property sales, the Court will consider the amount of time involved, whether or not a real estate broker was employed, the involvement of the

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attorney in negotiations, the nature of other services rendered (e.g., drafting of the sales agreement and its complexity, preparation of deeds and other documents) and other similar information. In cases where there is a confirmation of sale hearing, the Court will consider $1,000 to be reasonable compensation. If that amount is requested, detailed information as to services rendered will not be required. This guideline only applies to attorneys' compensation; however, a personal representative may also request compensation for extraordinary services in regard to sales of real property.

Preparation of Federal Estate Tax Return: In determining the compensation of a personal representative or an attorney for the preparation of a federal estate tax return, the Court will ordinarily consider the hours spent, the intricacy or peculiar nature of any of the issues or computations involved, the extent of any audit, the value of the gross estate, the amount of tax and other similar information.

If neither the personal representative nor an attorney provides the Court with such information the Court will assume that the sum of $1,000 is a reasonable amount for the preparation of the federal estate tax return.

Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described.

Extraordinary Compensation When Statutory Compensation Exceeds $20,000: Whenever statutory compensation exceeds $20,000 and the attorney or personal representative requests extraordinary compensation that exceeds the amounts of Local Rule 4.2.15 subsection (e) or (f) above, the request must be supported with a declaration that outlines all the ordinary and extraordinary services that were provided.

(Eff. 1/1/91) (Rev. 7/1/01) (Rev. 7/1/03)

(Rev. 1/1/09)

Rule 4.2.16 Accounts and Reports of Executors and Administrators

Notation of omitted schedules: Where a particular schedule is unnecessary, it need not be included, and that fact must be noted in the Summary of Account with the word “none” in the blank provided for the total from the schedule.

Contents of account: The account and report must contain the following material:

The beginning and ending dates of the account.

A detailed description of all receipts and all disbursements of the fiduciary.

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An explanation either in the account, or in the report accompanying the account, for any item that is not self-explanatory.

Receipts indicating the date of receipt, the source of the payment, and the amount. Each receipt from a source that pays more frequently than once a year must be described; a lump sum amount is not permissible.

A description of all disbursements indicating the date of the expenditure and the nature of the expense, its purpose, and the amount.

(Eff. 1/1/09) (Rev. 1/1/13)

Rule 4.3 CONSERVATORSHIPS AND GUARDIANSHIPS

Rule 4.3.01 Court Investigation Agency [REVOKED]

(Effective 1/1/91) (Revised 7/1/01) (Revised 1/09)

(Revoked 7/1/16)

Rule 4.3.02 Temporary Conservatorships and Guardianships

The Petition for Appointment of a Temporary Conservator, Judicial Council form GC- 111, or Petition for Appointment of a Temporary Guardian, Judicial Council form GC-110 or GC-110(P), may be filed with or after the filing of a petition for a general conservator /guardian. The petition must state facts establishing the urgency requiring the appointment of the conservator or guardian (e.g., situations requiring immediate action to protect the health, welfare or the estate of the proposed conservatee/ward). Notice shall be given as set forth in Probate Code § 2250(e), unless the Court for good cause otherwise orders. A temporary conservator/guardian will be appointed without notice only in emergency situations.

If the attorney is informed that the Petition for Appointment of a (general) Probate Conservator, Judicial Council form GC-310, will be contested, all known potential objectors must be given at least 24 hours’ notice of the time and place the Petition for Appointment of the Temporary Conservator will be presented unless the Court for good cause waives this requirement.

Ordinarily the Court will require a bond or a blocked account for temporary conservators/guardians of the estate.

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Good cause must be shown for special powers to be granted without a hearing. If special powers are sought, they must be specified in the petition and supported by factual allegations.

(Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09) (Rev.

1/1/25)

Rule 4.3.03 Petitions for Appointment of Conservators/Guardians

Unless a temporary conservator or guardian has been appointed, forty-five (45) days’ notice is required on all petitions for appointment. (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09)

Rule 4.3.04 Assessments

A $750.00 fee for the services of the Court Investigator shall be imposed upon the initial filing of a guardianship or conservatorship petition and a $250.00 fee for each investigation or review thereafter, unless waived pursuant to Probate Code §§ 1513.1(a) and 1851.5(b).

Assessments are charged to the conservatee’s or ward’s assets and shall be paid to Superior Court, 701 Ocean Street, Room 110, Santa Cruz, CA 95060.

All assessments must be paid before the Court will sign an order settling the final account. All previous waivers of assessments will be reviewed at that time to determine the ability to pay.

(Eff. 1/1/91) (Rev. 7/1/01) (Rev. 7/1/14)

Rule 4.3.05 Independent Powers

If independent powers under Probate Code §§ 2590 and 2591 are requested, an

attachment to the petition shall specify the powers and the reasons requiring the powers requested. Only those powers necessary and proper shall be granted. The same powers must be attached to the proposed order or letters. (Eff. 1/1/91) (Rev. 1/1/09)

Rule 4.3.06 Limited Conservatorships

If the proposed conservatee is a developmentally disabled person (Probate Code § 1420), a Petition for Limited Conservatorship, using Judicial Council form GC-310, is mandatory.

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However, pursuant to Probate Code § 1828.5(d), upon investigation, the Court may find that a general conservatorship (as opposed to a limited conservatorship) is appropriate.

Appointment of counsel for a proposed limited conservatee is mandatory. To avoid continuance or delay an ex parte application and order for appointment of counsel should be filed prior to the hearing. If a Public Defender is requested, facts in the application must assert the proposed conservatee's financial inability to obtain private representation.

(Eff. 1/1/91) (Rev. 1/1/09) (Rev. 1/1/13)

(Rev. 1/01/19) (Rev. 1/1/25)

Rule 4.3.07 Local Forms Required

In every conservatorship, local form SUPPR 1085 Referral to Court Investigator CONFIDENTIAL and applicable attachments must be filed with the initial petition for appointment. (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09) (Rev. 7/1/15) (Rev. 7/1/17) (Rev. 7/1/18) (Rev. 7/1/20)

Rule 4.3.08 Declaration Under UCCJEA

In any guardianship of the person a Declaration under the Uniform Child Custody Jurisdictional and Enforcement Act, Judicial Council form GC-120, shall be filed with the petition for appointment and at any time there is a change of address of the minor. (Eff. 1/1/91) (Rev. 1/1/09) (Rev. 7/1/16)

Rule 4.3.09 Conservatee's Mental Capacity

A proposed conservatee, who has made a nomination and/or waived the requirement of a bond, must prove to the Court that they have the capacity to understand the nature and significance of such actions. This may be done by oral representation at the hearing for appointment. A statement by counsel that the conservatee is present and does not object is not sufficient. This also applies where the proposed conservatee is the petitioner. (Eff. 1/1/91) (Rev. 1/1/24)

Rule 4.3.10 Guardianship Funds for Support of Minor

In all cases where it is intended that guardianship funds be used for the ordinary expenses of supporting a minor and there is a parent living who has the obligation to

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support the minor, the guardian shall obtain Court approval prior to the expenditure of funds for that purpose (Probate Code § 2422). A petition for authority to expend such funds must be presented in a separate petition, containing a detailed explanation, including financial statements, of the parents’ inability to support the child. (Eff. 1/1/91) (Rev. 1/1/09)

Rule 4.3.11 Inventory and Appraisal Required

An Inventory and Appraisal, Judicial Council form GC-040, shall be filed in all cases where there is a conservatorship or guardianship of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code § 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate and state who has possession of any assets. (Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09)

Rule 4.3.12 Review Hearing for Inventory and Appraisal and for Accountings

The Inventory and Appraisal, Judicial Council form GC-040, is due 90 days from appointment of the conservator or guardian. A proof of filing date will be set at the time of the appointment to confirm that the documents have been filed. A review hearing to monitor the timely filing of the first and subsequent accountings will also be set from the time of the initial appointment. No appearance is required for the proof of filing dates of the Inventory and Appraisal or for proof of filing of accountings. However, if the Inventory and Appraisal or accounting is not timely filed the Clerk’s Office will set an order to show cause hearing at which time sanctions or surcharges may be imposed for failure to timely file the required documents. (Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09)

Rule 4.3.13 Separate Accounting for Several Minors

When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor's estate are readily ascertainable. (Eff. 1/1/91)

Rule 4.3.14 Successor Conservator/Guardian

The petition for a successor conservator/guardian shall be submitted on the same form approved by the Judicial Council for initial petitions; GC-210, GC-210(P), GC-310.

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Successor conservators/guardians of the estate shall file an accounting one (1) year after the successor appointment date and thereafter at least biennially.

(Eff. 1/1/91)

Rule 4.3.15 REVOKED 7/1/99

Rule 4.3.16 REVOKED 7/1/99

Rule 4.3.17 Accounts in Guardianship Proceedings

Frequency of accounts

Guardianship accounts must be filed after the first anniversary of the establishment of the guardianship and biennially thereafter. The account must be filed within 60 days after the anniversary date.

Successor guardians must file an accounting one year after the successor appointment date and biennially thereafter.

Presence of ward is necessary if final account waived

The Court ordinarily will not approve a ward’s waiver of the final account unless the ward is present at the time of hearing and competent to answer questions by the court.

Reports accompanying accounts

In addition to the contents required by Probate Code § 1064, the report accompanying an account must contain the following:

A statement of the age, health, and the present address of the ward.

If income producing property is inventoried in the guardianship and the account fails to indicate that income is being produced by the property, an explanation

must appear in the report;

Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a guardian or the processing of any documents related to a guardian;

Whether any personal property has been sold at a private sale, rented or leased to any court employee, who has duties or responsibilities related to the appointment of a guardian or any processing of any documents related to a guardian;

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Whether the guardian, in exercising their duties, has hired or referred any business to an entity in which they have a financial interest as defined in Probate Code § 2351, subdivision (d) or Probate Code § 2401, subdivision (c); and

Whether the guardian has sold, leased, or rented any real or personal property to any person with whom the guardian has a family or affiliate relationship as defined in Probate Code § 2403, subdivision (c)(2).

(Eff. 1/1/09) (Rev. 1/1/24)

Rule 4.3.18 Waiving of Accounts

Pursuant to the provisions of Probate Code § 2628, the Court may waive the requirement of an accounting. Any prior grant of independent powers will be reconsidered at that time and should be addressed by the petition. The petition must allege whether the conservatee or minor (over the age of 12) is aware of the request and agrees to the waiver.

If the conditions of Probate Code § 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code § 2628(a) are no longer applicable. This must be explicitly set forth in the order. The petitioner must nevertheless continue to keep accurate records in order to prepare any accounts which may be required under Probate Code §§ 2628(b) and (c).

(Eff. 1/1/91) (Rev. 7/1/01) (Rev.1/1/09)

(Rev. 7/1/17)

Rule 4.3.19 Reports Accompanying Accounts in Conservatorships

In addition to the contents required by Probate Code § 1064, the report accompanying a conservatorship account must contain the following:

The present address of the conservatee;

If income producing property is inventoried in the conservatorship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report;

Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or the processing of any documents related to a conservator;

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Whether any personal property has been sold at a private sale, rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or any documents related to a conservator;

Whether the conservator, in exercising their duties, has hired or referred any business to an entity in which they have a financial interest as defined in Probate Code § 2351, subdivision (d) or Probate Code § 2401, subdivision (c); and

Whether the conservator has sold, leased, or rented any real or personal property to any person with whom the conservator has a family or affiliate relationship as defined in Probate Code § 2403, subdivision (c)(2).

(Eff. 1/1/09) (Rev. 1/1/24)

Rule 4.3.20 Termination of Conservatorships and Guardianships

Investigation Reports: When the conservatorship/guardianship is being terminated for reasons other than death or attaining the age of majority, a hearing must be set at least forty-five (45) days in advance in order to allow time for an investigation report.

Notice: Notice must be given to a former minor or conservatee on the settlement of the final account. Notice must also be given to the representative of a deceased ward or conservatee. If the representative of the estate is the same person as the guardian or conservator or if there is no such representative, notice must also be given to the heirs or devisees of the deceased ward or conservatee.

Discharge of a guardian: Discharge of a guardian will not be made in the order settling final account. A separate Petition and Order for Final Discharge, Judicial Council form GC-395, must be submitted together with the receipt executed by the former minor. The petition must state the date on which the minor reached majority. A guardian is not entitled to a discharge until one year after the minor has attained majority.

(Eff. 1/1/91) (Rev. 7/1/01) (Rev. 1/1/09)

(Rev. 1/1/11)

Rule 4.3.21 Fees and Commissions

The Court will evaluate the services as a whole rather than designate part of the services as "ordinary" and part of the services "extraordinary". Fee requests must comply with California Rule of Court 7.751.

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Attorney Fees:

In determining the reasonable attorney's fees to be granted in guardianships, conservatorships and trusts within the jurisdiction of the Court, the Court will require compliance with Business & Professions Code § 6148 as follows:

In any such matter in which it is reasonably foreseeable that the total expenses to a client, including attorney fees will exceed one thousand dollars ($1,000), there should be a written contract between the attorney and client for services in the matter containing all of the following:

a. The hourly rate and other standard rates, fees and charges applicable to the matter.

b. The general nature of the legal services.

c. The respective responsibilities of the attorney and the client as to the performance of the contract.

Such a written contract will not be required in any of the following situations:

a. Services are rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical.

b. An arrangement as the fee implied by the fact as previously rendered to and paid for by the client.

c. If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required.

d. If the client is a corporation or a public entity.

In any guardianship, conservatorship or trust within the jurisdiction of the Court where there is no such written contract reasonable attorney's fees will be determined by the Court using hourly rates that are customary in Santa Cruz County.

In any case, attorney's fees may be denied or reduced below reasonable or contractually agreed amounts if the Court determines that the services have not been performed in an efficient, timely or competent manner.

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Only legal fees for counsel appointed by the Court to represent the conservatee may be approved and included in the Order Appointing Conservator, Judicial Council form GC-340.

Where an attorney is the fiduciary and is a member of a law firm, attorneys' fees will not be allowed unless a declaration is executed by the fiduciary agreeing that the fiduciary will not share in the attorneys' fees to be received by the firm.

When the court is to approve or review reasonable attorney fees to be granted in guardianships, conservatorships and trusts within the jurisdiction of the Court copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b).

Conservator or Guardian Commissions:

In the event the attorney has performed bookkeeping and other services for an individual fiduciary, the Court may award the fiduciary's attorney a larger compensation and the individual fiduciary a lesser compensation.

Ordinarily, reasonable compensation for guardians and conservators who are not private professional fiduciaries shall not exceed $40 per hour.

The fiduciary may employ tax counsel, accountants or other tax experts for the preparation of tax returns and for other tax related services and pay from the funds of the estate for such services. The Court may deduct from the fiduciary's commission any sums paid from estate funds for performance of the fiduciary's duties such as ordinary accounting and bookkeeping services.

(Rev. 7/1/01) (Rev. 7/1/03) (Rev.1/1/09) (Rev. 7/1/19)

Rule 4.3.22 Registration of Private Professional Conservator

Registration information required: Any petition to appoint a conservator filed by a private professional conservator must include State of California registration numbers and the date of registration. No petition by a private professional conservator will be heard unless they are currently registered with the State. Any private professional conservator must comply with all California state licensing requirements before being appointed in Santa Cruz County.

Disclosure of other proceedings required: The petitioner must disclose, by separate declaration, any proceedings, pending or concluded in Santa Cruz County or any other

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jurisdiction, where orders have been issued or are sought to be issued which in any way affect the ward or conservatee that is the subject of the proceedings in Santa Cruz County.

(Eff. 1/1/09) (Rev. 7/1/16) (Rev. 1/1/24)

Rule 4.3.23 Consent of Conservator(s)

Where a petition seeks the appointment as conservator of one or more persons other than the petitioner, a consent to serve as conservator must be filed for each proposed conservator. (Eff. 1/1/13)

Rule 4.4 TRUSTS

Rule 4.4.01 Accounts filed by trustees must conform to the requirements of Local Rule 4.2.16

(Eff. 7/1/01) (Rev, Renamed & Renumbered 1/1/09)

Rule 4.4.02 Contents of First Account

The first account filed must clearly reconcile the amount first chargeable with the decree of distribution of the estate from which the property was received. (Eff. 7/1/01) (Rev, Renamed & Renumbered 1/1/09)

Rule 4.4.03 Description of Principal and Income

Receipts and disbursements must be allocated between principal receipts and disbursements and income receipts and disbursements. (Eff. 7/1/01) (Rev, Renamed & Renumbered 1/1/09)

Rule 4.4.04 Frequency for Filing Accounts

Trustees must file accounts at least annually. The fact that an account covers more than a one year period of time will not constitute grounds for deviation from any of the normal requirements of an account. (Eff. 1/1/09)

Rule 4.4.05 Service on Beneficiaries When Power Sought is Not Conferred

When the trustee seeks instructions to exercise a power not conferred by the will, a copy of the petition must be served by mail on all beneficiaries.

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(Eff. 1/1/09)

Rule 4.4.06 Bond for Trustee

Trustees appointed by the Court are subject to the same rules as personal representatives pertaining to the posting of bond. (Eff. 1/1/09)

Rule 4.4.07 Petition for Confirmation of Trust Assets

Pursuant to Estate of Heggstad and pursuant to Probate Code § 850.

Copies of all testamentary instruments shall be attached to the petition.

Copies of pertinent and current documents of title to the assets in question shall be attached to the petition. Petitioner shall obliterate confidential information such as social security numbers before attaching the document to the petition.

Any Petition under Probate Code section 850 must state the names and last known addresses of all parties entitled to notice pursuant to Probate Code section 851.

For any Petition under Probate Code section 850(a)(3)(B), the parties entitled to notice pursuant to Probate Code section 851(b) shall include the following:

The parties entitled to notice under Probate Code section 851(b)(1) shall include the following:

a) If a will and any codicil has been conclusively admitted to probate in the State of California within the meaning of Probate Code sections 8226 and 8007, to all beneficiaries mentioned in that will and codicil.

b) If a court in the State of California has ordered appointment of an administrator and if the later of the following time periods has elapsed: (1) one hundred twenty (120) days after such appointment of administrator and (2) sixty (60) days after proponent of a Will first obtains knowledge of the Will, to all heirs at law.

c) If a court in the State of California has made an order determining entitlement and the order is final within the meaning of Probate Code section 11705, to all heirs or beneficiaries identified in the order.

d) If none of (a) or (b) or (c) applies, then to all beneficiaries mentioned in every known Will, whether admitted to probate or not, to all beneficiaries

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mentioned in every known Codicil, whether admitted to probate or not, and to all heirs at law.

The parties entitled to notice under Probate Code section 851(b)(3) shall include each person listed in section 17203.

For any Petition under Probate Code section 850 that concerns a lease of land held by the Bureau of Indian Affairs, the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the Bureau of Indian Affairs.

For any Petition under Probate Code section 850 that concerns an asset which is subject to the Employee Retirement Income Security Act (ERISA--29 USC sections 1001 et seq.) and which is held by an institution defined in Probate Code section 2890(c) or by a financial institution defined in Probate Code section 2892(b), the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the financial institution.

(Eff. 7/1/01) (Renamed & Renumbered 1/1/09)

(Rev. 1/1/13) (Rev. 1/1/20)

Rule 4.4.08 Trustee Compensation

Compensation for the trustee will ordinarily be allowed as provided in the governing instrument unless the Court fixes a greater or lesser amount pursuant to Probate Code

§ 15680(b). If the instrument is not specific, the Court will establish reasonable compensation as follows: Requests for trustee fees must be supported in the petition or in a separate verified declaration stating the nature, necessity, success, cost in time, detail of services performed, the value of the services believed to warrant additional fees, and the amount requested. Mere recitation of time spent, without more, is not adequate. In making this determination the criteria set forth in Estate of Nazro (1971) 15 Cal.App.3d 218 shall be applied.

Estate of Nazro (1971) 15 Cal.App.3d 218 states the following applicable criteria: 1) the gross income of the estate; 2) the success or failure of the administration of the fiduciary; 3) any unusual skill or experience that the fiduciary in question may have brought to the work; 4) the fidelity or disloyalty displayed by the fiduciary; 5) the amount of risk and responsibility assumed; 6) the time spent in carrying out duties; 7) the custom in the community as to allowances by settlors or courts, and as to charges of corporate fiduciaries; 8) the character of the work performed, i.e., whether routine or involving skill or judgment; 9) the fiduciary's estimate of the value of their own services.

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The court has discretion to require further justification for all trustee fees. Although the court will, as a general guideline, allow a fee of one percent (1%) of fair market value, of the ending value, per annum, court approval must nevertheless first be obtained in all instances where the amount of compensation is not expressly authorized in the trust instrument. Mere recitation of one percent (1%) guideline is not sufficient. Trustees who base their requests for compensation on this guideline shall include a second column in the accounting which shall indicate the fair market value of each trust asset next to the carry value.

This Rule only applies under the following circumstances: (1) a court-supervised trust; (2) a Petition under Probate Code section 17200 requesting that the court fix or allow payment or review the reasonableness of the trustee’s compensation; or (3) when the trustee is seeking the protection offered by court approval.

(Eff. 7/1/01) (Renumbered 1/1/09) (Rev. 1/1/20)

(Rev. 1/1/24) (Rev. 1/1/25)

Rule 4.4.09 Attorney Fees

Compensation for attorney for the trustee will ordinarily be allowed as provided in the governing instrument. If the instrument is not specific, the Court will establish reasonable compensation, based on a detailed description of the services rendered, their necessity, benefit to the estate, expertise required, time expended, and hourly rate. Copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b). (Eff. 7/1/01) (Renumbered 1/1/09) (Rev. 7/1/19)

Rule 4.4.10 Consent of Trustee

Where a petition seeks the appointment as trustee of one or more persons other than the petitioner, consent to serve as trustee must be filed for each proposed trustee. (Eff. 1/1/13)

Rule 4.5 SPECIAL NEEDS TRUSTS

Rule 4.5.01 General Procedures for Special Needs Trusts

Establishment of special needs trusts in Santa Cruz County: If a special needs trust is included as part of a minor’s compromise or other judgment entered in Santa Cruz County, the following procedures shall be followed:

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A petition to approve the terms of the special needs trust shall be filed in the probate or civil action. The petition shall include the complete terms of the proposed trust.

Once so approved and signed, a copy of the fully executed special needs trust instrument and a copy of the order approving the trust shall be filed in the county in which the trust is to be administered pursuant to that county’s procedures. In Santa Cruz County, the trust shall be filed in a separate file and assigned a probate case number. No filing fee shall be charged for said filing if the trust instrument is the result of a petition filed to approve a minor’s compromise claim per Probate Code section 3600 et seq. (Gov. Code, § 70655.)

The party filing the special needs trust instrument per subsection (2) shall file a notice in the civil action file or the minor’s compromise file indicating the county in which the trust is being administered and the case number assigned to the probate file containing the special needs trust.

Transfer of special needs trusts into Santa Cruz County: Whenever a special needs trust is transferred into Santa Cruz County and the court file being transferred does not contain a copy of the fully executed special needs trust instrument, the trustee shall provide the court with a copy of the fully executed trust document within 90 days after the court file is received by Santa Cruz County.

(Eff. 7/1/19) (Rev. 1/1/23)

Rule 4.5.02 Accountings and Reports of Special Needs Trusts

Expenditures on behalf of beneficiary In all accountings for special needs trusts, the trustee shall provide an explanation of any unusual or extraordinary expenses incurred by the trustee on behalf of the beneficiary. These include, but are not limited to, payment of all expenses associated with real property partially owned by the trust, payment of automobile insurance for a vehicle not owned by the trust, acquisition or maintenance of assets not ordinarily used by a beneficiary with the beneficiary’s type of disability, and so forth.

Hiring of agents The court acknowledges that trustees of special needs trusts often hire agents to advise them concerning the administration of the special needs trusts and the provision of services to the beneficiary. A trustee hiring such an agent shall specify in any report or accounting seeking approval of payment to said agent the type of and need for the services provided by the agent. The trustee shall also include a declaration from the agent

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concerning the hours spent working with the trustee and the amount of compensation sought.

Parents as caregivers to child as beneficiary In an account or report indicating that a parent was hired to provide caregiver services to their child, the trustee shall provide the following information:

A description of the services rendered by the parent that are above and beyond the care normally provided by a parent to a child. A description of the special skills possessed by the parent enabling them to perform these services. The benefit to the beneficiary of having the parent perform the services instead of a professional caregiver. The hours worked by the parent. The hourly rate being paid to the parent and a justification of that rate. Justification may include a comparison to the rate charged by a professional for the same or similar services. Whether caregiving services are being provided through IHSS and if so, the frequency and type of the services provided. Whether insurance is in place to cover the caregiver parent in case of injury and if so, the amount of the periodic premium being paid by the parent or the trust. (Eff. 7/1/19) (Rev. 1/1/24)

Rule 4.5.03 Compensation of Conservator from Trust

If a conservatee is also the beneficiary of a trust and the compensation of a conservator of the person or estate, or their attorney, is sought from the trust in part or in whole, the conservator shall first seek approval of the compensation in the conservatorship matter. The petition shall include a declaration by the trustee as to whether there are sufficient funds in the trust to allow for the compensation sought. If the conservatorship of the estate has sufficient funds to pay for the requested compensation, the conservator shall explain why compensation is sought from the trust and not the estate. A trustee shall not pay a conservator’s compensation without a court order approving said compensation by the judge assigned to hear the conservatorship matter. This rule shall apply only to court supervised trusts. (Eff. 7/1/19) (Rev. 1/1/24) (Rev. 1/1/25)

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DIVISION FIVE - CRIMINAL PRACTICE

Rule 5.1 CRIMINAL RULES

Rule 5.1.01 Criminal Departments

All felony and misdemeanor cases, including probation violations, will be assigned to a specific department, using a case management system.

Consolidation motions shall be heard in the department which has the lowest numbered case sought to be consolidated. If consolidation is granted, all charges will be consolidated into the lowest numbered case file.

Cases involving probation violations based on new offenses occurring in Santa Cruz County shall be assigned as follows:

If the new offense is filed as a felony, all matters will be assigned to the felony

department in which the new felony case is assigned.

If the new offense is filed as a misdemeanor, and there are any felony probation violations, all matters will be assigned to the felony department assigned to hear

the felony probation violations.

If the new offense is filed as a misdemeanor, and there are misdemeanor

probation/conditional sentence violations only, all matters will be assigned to the misdemeanor department in which the new misdemeanor case is assigned.

(Eff. 1/1/95) (Rev. 1/1/99) (Rev 1/1/09)

(Rev.1/1/11) (Rev. 1/1/13)

Rule 5.1.02 Applicability of Title 4 of California Rules of Court

The Criminal Rules as set forth in Title 4 of the California Rules of Court are fully applicable, in their entirety, to the local rules of this Court. (Eff. 1/1/09)

Rule 5.1.03 Format of Papers [REVOKED]

(Eff. 1/1/96) (Renumbered 1/1/09) (Revoked

7/1/17)

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Rule 5.1.04 Motions

All written motions shall be supported by memorandum of points and authorities containing a specific statement of facts and a concise statement of law.

Except as otherwise provided by law or otherwise directed, all pretrial motions, including motions to suppress shall be served and filed at least ten (10) court days, all papers opposing the motion at least five (5) court days, and all reply papers at least two (2) court days before the time appointed for hearing. Proof of service of the moving papers shall be filed no later than five (5) court days before the time appointed for hearing. Failure of either party to file and serve the points and authorities may be deemed by the Court to be a concession to the motion and/or that the motion is without merit. Where the review of a transcript is necessary, the pertinent transcript testimony must be summarized with a specific page and line reference cited.

In the misdemeanor courtrooms, motions to suppress shall be set for confirmation at 9:00 a.m. the Tuesday before the date set for hearing on the motion.

Penal Code § 995 motions shall be set on a different date than other motions.

(Rev. 1/1/98) (Rev. 1/1/99) (Renumbered 1/1/09) (Rev. 1/1/26)

Rule 5.1.05 Pleas at Time of Trial [REVOKED]

(Eff. 1/1/95) (Rev. 1/1/98) (Renamed &

Renumbered 1/1/09) (Revoked 7/1/15)

Rule 5.1.06 Jury Trials

Trial Readiness Conference:

All felony criminal matters set for jury trial shall be called at 9:00 a.m. on the Wednesday two weeks before the date set for trial in the assigned department.

All misdemeanor criminal matters set for jury trial shall be called at 9:00 a.m. on the Wednesday two weeks before the date set for trial in the assigned department.

All in limine motions, witness lists, exhibit lists, and proposed jury instructions shall be filed no later than 12 noon on the date of the Calendar Call, unless otherwise ordered by the Court.

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Motions in Limine: All in limine motions must be in writing. Each motion shall be limited to a single subject, and the motions shall be numbered consecutively. Responses shall address only the subject of the motion and shall be numbered the same as the motions. See Rule 1.3.01(k) for e-filing requirements.

(Eff. 7/97) (Rev. 1/1/99) (Renumbered. 7/1/07)

(Renumbered 1/1/09) (Rev. 1/1/13) (Rev. 7/1/13) (Rev. 7/1/14) (Rev. 7/1/22) (Rev. 7/1/23) (Rev. 1/1/24) (Rev. 7/1/26)

Rule 5.1.07 Bail Bond Forfeiture

Once forfeited, a $50 fee will be imposed as a condition of setting aside the forfeiture. (Rev.7/98) (Renumbered 1/1/09)

Rule 5.1.08 Real Property Bonds (Penal Code § 1298)

Before a property bond may be accepted by the Court, a hearing must be held. In order to set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed in the Clerk's Office at least 10 days before the date set for hearing. The following documents must be submitted with the motion:

Application for Real Property Equity Bond and Declaration of Property Owner

Signed Promissory Note

Certified Copy of the Recorded Deed of Trust

Current Lot Book Guarantee (preliminary title report) concerning the property prepared by a recognized California title company.

Appraisal of the property by a certified appraiser

Statements from any and all mortgage companies having liens against the property, showing the amount of present obligations owed on the property.

A judge may require additional evidence in order to ascertain the true equity in the property held by the applicants. All costs incurred to process the property bond must be borne by the applicant. (Rev. 1/1/91) (Renumbered 1/1/09)

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Rule 5.1.09 Personal Surety Bonds (Penal Code § 1278 et seq.)

Personal Surety Bonds (Penal Code § 1278) are not recommended and will not normally be allowed by Court. (Eff. 1/1/91) (Renumbered 1/1/09)

Rule 5.1.10 Miscellaneous Fees

The standard fee for diversion restitution is $200 for misdemeanor offenses and $350 for felony offenses; however, the Court in setting a different amount shall consider certain circumstances or may waive the fee where there are compelling or extraordinary reasons under Penal Code § 1001.90. (Eff. 1/1/91) (Renumbered 1/1/09) (Rev. 1/1/11) (Rev. 1/1/19) (Rev. 1/1/24)

Rule 5.1.11 Search Warrants

All requests for search warrants must be presented to the District Attorney’s Office for review prior to being presented to a judge and must be approved by a deputy district attorney who has reviewed and approved the request. (Eff. 1/1/11)

Rule 5.1.12 Expert Witness Fees

An application for fees to engage an expert witness must include:

A declaration from counsel showing that an expert is reasonably necessary (conclusory statements without supporting facts are insufficient);

A resume of the expert whose services are being sought, unless the expert is on the appointment list or otherwise previously known to the court;

A breakdown of the proposed costs, including fee per hour, number of hours necessary, etc.

A financial declaration, using local form SUPCR 1127 Defendant Financial Eligibility Statement for Appointment of Counsel and Reimbursement, of the defendant showing the defendant’s inability to pay for the expert must be completed. The fact that the Court has appointed counsel is not a finding that the defendant is indigent for all purposes. A financial declaration filed within the

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previous six (6) months of the current request will be considered timely for purposes of this rule;

The declaration must contain information from which the County Criminal Defense Conflict Administrator may conclude that the proposed fees are reasonable. A conclusory statement such as “the proposed fee per hour is reasonable and the average” is not sufficient. If the proposed expert is on the court appointment list, this section will not apply and hourly rates consistent with any preapproved rates established by the Court will be utilized;

If an application is for an expert not located within a 200 mile radius of the

county, the application must state the efforts made to retain a local expert and

why an out-of-area expert is necessary.

Each application for an expert or additional defense fees must be numbered. Each application must attach copies of all prior applications in that case, whether granted or denied, or include in the declaration a statement containing this information. If it is the first application for fees, the application must so state.

An application submitted without these required items may be summarily denied.

(Eff. 1/1/11) (Rev. 7/1/13) (Rev. 7/1/16)

Rule 5.1.13 Habeas Corpus Writs

All petitions for writs of habeas corpus or coram nobis shall be assigned to the Presiding Judge of the Appellate Division. The provisions of Penal Code § 1473 and California Rules of Court 4.550 through 4.552 fully define the procedures to be followed by this Court in the determination of petitions for writs of habeas corpus or coram nobis. (Eff. 1/1/13)

Rule 5.1.14 Credit for Performance of Community Service

Penal Code Section 1209.5 requires that trial courts set the hourly rate of community service credit to be double the minimum wage set for the applicable calendar year, based on the schedule as set forth in California Labor Code Section 1182.12. (Eff. 7/1/19) (Rev 7/1/24)

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Rule 5.1.15 Ability to Pay (ATP) Authority for Clerk

A clerk of the court may make ability-to-pay determinations as authorized in government Code 68645.3(e) when a litigant attests that they receive public benefits, including those listed in subdivision (a) of section 68632. The clerk shall adhere to the court-established rate when making reductions in the MyCitations online tool for individuals who receive public benefits. The litigant may request a court hearing in front of a judicial officer if the clerk of the court denies the reduction portion of the request. (Eff. 7/1/23)

Rule 5.1.16 Orders to Calendar

A request for order to set a hearing on calendar shall be made using local court form SUPCR 205 Request and Order to Calendar Case and shall be completed to allow a minimum of five court days between the date it is filed with the clerk’s office and the date of the requested hearing.

Requests to place an urgent matter on calendar may deviate from the established timeframe of no less than five court days but should generally be e-filed no less than two court days prior to the date of the requested hearing. All such requests shall be e-filed with the clerk’s office by the requesting party even when a judge signs the order before it is e- filed.

(Eff. 7/1/23)

Rule 5.1.17 Local Criminal Bail Schedule

This rule sets forth a schedule and procedure for adoption of the local bail schedule pursuant to Penal Code § 1269b, subdivisions (c) and (d), and California Rules of Court, Rule 4.102.

The local bail schedule will be reviewed annually.

Judicial officers of this court designated by the presiding judge will review and consider revision of the local bail schedule annually and submit their proposed revisions to the presiding judge. The proposed revised local bail schedule will then be reviewed for adoption by a majority of the judicial officers in December with an effective date of January 1st.

Copies of the local bail schedule shall be sent to the officer in charge of the county jail and of each city jail within the county, to each judicial officer of this court, to the Judicial

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Council and posted on the court’s public website. (Penal Code § 1269b, subd. (f); California Rules of Court, Rule 4.1.02

Bail shall be set according to the Uniform Bail Schedule established by the Judicial Council per California Rules of Court, Rule 4.102 for those charges addressed in said schedule except when a judge determines in his or her discretion that factors in aggravation or mitigation justify a different amount in a specific case.

(Eff. 1/1/24) (Rev. 7/1/24)

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DIVISION SIX - JUVENILE COURT RULES

Rule 6.1 GENERAL PROVISIONS

Rule 6.1.01 Supplement to Statutes and Rules

These local rules are intended to supplement state statutes which are principally found in the Welfare & Institutions Code. In addition, they supplement the California Rules of Court relating to Juvenile Court matters (see California Rule of Court 5.501). Unless otherwise expressly stated, all local rules of civil procedure apply to juvenile matters. These rules cover juvenile court law, but not juvenile traffic hearings or traffic hearing appeals. (Eff. 1/1/93) (Rev. 7/1/95) (Rev. 7/1/07)

Rule 6.1.02 Judicial Administration

Presiding Judge of the Juvenile Court. There shall be a Presiding Judge of the Juvenile Court.

The Juvenile Court Clerk’s Office is located at 1 Second Street, Watsonville, California.

Viewing of Files. Juvenile court case files may be viewed in the Juvenile Court Clerk’s Office during regular court hours. Advance arrangements to review files must be made by calling 831-786-7200.

(Eff. 1/1/93) (Rev. 7/1/00) (Rev. 1/1/08)

(Rev. 1/1/11)

Rule 6.1.03 Filing of Papers

All letters, documents and pleadings shall have an identifying case number and name. Motions should indicate court date. Documents related to juvenile matters shall be filed in the Watsonville Courthouse. All juvenile court documents and pleadings except documents filed under Welfare & Institutions Code §§ 903.4 and 730.7 must include the following warning on the face of the document:

Confidential Document! By Court order, these documents are confidential. If you copy, distribute, or disclose these records, you may be subject to contempt of Court.

Documents filed and/or recorded under Welfare & Institutions Code § 903.4 shall not name the minor in the document.

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Original pleadings must be submitted for each individual file. Siblings or co-participants are not considered one file unless ordered consolidated by the Court; therefore, original documents must be submitted for each case.

Juvenile restitution orders enforceable as civil judgments under Welfare & Institutions Code § 730.6 shall be filed in the Watsonville Courthouse.

(Eff. 1/1/93) (Rev. 7/1/00) (Rev. 1/1/11)

Rule 6.1.04 Motions

No noticed motion shall be accepted by the Clerk unless it is accompanied by a proof of service. (Eff. 1/1/93)

Rule 6.1.05 Motions for Continuances [REVOKED]

(Eff. 1/1/93) (Rev. 07/1/07) (Rev. 01/1/15)

(Revoked. 1/1/25)

Rule 6.1.06 Applications for Ex Parte Orders

Ex parte matters are governed by California Rule of Court 3.1200.

Dependency ex parte matters shall be presented to the Watsonville Courthouse for processing.

Juvenile Justice ex parte matters shall be presented to the Juvenile Court Judge. Attorneys and/or parties requesting an order must make an appointment with the Court at least 24 hours in advance.

(Eff. 1/1/93) (Rev. 7/1/00) (Rev 7/1/07)

(Rev. 1/1/11) (Rev. 7/1/19)

Rule 6.1.07 Disclosure of Juvenile Related Documents

Disclosure of juvenile related documents is governed by Welfare & Institutions Code § 827. (Eff. 7/1/95) (Rev. 1/1/09)

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Rule 6.1.08 Input on Placement in Short-Term Residential Therapeutic Program

When a request for review of placement in a short-term residential therapeutic program is filed by a Probation Officer or Social Worker an objection or input may be filed by the people specified in California Rule of Court 5.618 (e).

Any objection or input must be made using Judicial Council form Input on Placement in Short-Term Residential Therapeutic Program (JV-236).

The form must be completed, served, and filed at least two court days before the scheduled hearing. Service must be made on all parties listed in CRC 5.618 (b).

Proof of service can be made using Judicial Council form Proof of Service – Juvenile (JV-510) or any other document that clearly indicates who was served,

how they were served and the date of service.

If any party filing an objection or input is self-represented and service has not been

completed properly, the clerk will complete proper service.

(Effective 7/1/22)

Rule 6.2 DEPENDENCY MATTERS

Rule 6.2.00 Collaborative Court

Unless there is a contested issue of fact or law, dependency proceedings must be conducted in a non-adversarial manner, California Rule of Court 5.534. (Eff. 1/1/09)

Rule 6.2.01 Confidentiality

Dependency matters are confidential proceedings, and therefore the public must not be admitted to a juvenile court hearing. The Court may permit those whom the Court deems to have a direct and legitimate interest in the case or in the work of the Court. Welfare & Institutions Code § 346, and California Rules of Court 5.530 and 5.534. (Eff. 1/1/93) (Rev. 7/1/98) (Rev. 1/1/09)

Rule 6.2.02 Settlement Conferences

Settlement conferences shall be held prior to every contested hearing, unless there has been a previous mediation or unless expressly deemed unnecessary by the judicial officer setting the contested hearing.

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The trial attorneys shall be present at the settlement conference and shall be authorized to make decisions on behalf of their clients.

Prior to the settlement conference the parties or their attorneys shall meet in order to determine the issues to be tried and any areas of agreement.

(Eff.1/1/93) (Rev. 7/98) (Renumbered 1/1/09)

Rule 6.2.03 Access to Minors

No party or attorney in a dependency proceeding shall interview the minor about the events relating to the allegations in the petition(s) on file without permission of the minor's attorney or Court order.

All dependency investigators in Child Protective Services, all attorneys representing parties in a dependency case in which child abuse has been alleged and other participants in the case, including a child advocate, shall attempt to minimize the number of interviews they take of the minor relating to the events surrounding the alleged abuse. To this end anyone wishing to learn facts about the alleged incident shall first review the comprehensive interview taken by the investigating officer.

(Eff. 1/1/93) (Renumbered 1/1/09)

Rule 6.2.04 Calendar Priority

Cases in which children are present shall be given priority on the Court’s calendar, whenever possible. (Eff. 1/1/09) (Rev. 1/1/25)

Rule 6.2.05 Presence of Child in Court

All children are entitled to attend court hearings. Every child four (4) years or older shall be told of their right to attend court hearings by the investigating/supervising probation officer/social worker.

No child shall be brought to court solely for the child to confer with their attorney or for a visit with a parent, relative or friend.

If the child is present, the judicial officer hearing the case may view and speak with the

child.

(Eff. 1/1/93) (Renumbered 1/1/09) (Rev. 1/1/24)

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Rule 6.2.06 Appointment of Attorneys: Screening and Training

(Welfare & Institutions Code § 317.6; Cal. Rule of Court 5.660)

Attorneys who are appointed to represent parties in dependency matters must have completed at least 12 hours of training or education in the area of juvenile dependency. The Judge of the Dependency Court shall screen attorneys before they are appointed and make a determination of competency based upon the minimum standard for training and experience as outlined herein. (Eff. 7/1/96) (Rev. 7/1/07) (Renumbered 1/1/09) (Rev. 7/1/17)

Rule 6.2.07 All Attorneys: Qualifications and Continuing Education (Welfare & Institutions Code § 317.5, California Rule of Court 5.660)

Every attorney who represents a party in dependency matters must be competent and have training or education in the area of juvenile dependency law. Retained counsel who has not practiced in dependency law must complete the required initial education within sixty days of their first appearance in a case and complete a Declaration of Eligibility for Representation in Dependency Court form provided by the Santa Cruz Superior Court and submit it to the dependency court judge.

Every attorney who represents a party in dependency matters, including appointed counsel, must, every year thereafter, complete at least 8 hours of continuing education related to dependency proceedings.

Attorneys must submit proof of compliance by completing a Declaration of Eligibility for Representation in a Dependency Court form provided by the Santa Cruz Superior Court and submit it to the dependency court judge upon initial appearance, and then, every three years.

(Eff. 7/1/96) (Rev. 7/1/00) (Renumbered 1/1/09)

(Rev. 1/1/11) (Rev. 7/1/17)

Rule 6.2.08 Client Complaints

When counsel is appointed in a dependency matter, complaints or questions by a party against may be submitted to the dependency judge orally on the record or in writing. Written complaints regarding the performance of an attorney will be reviewed by the Juvenile Court, and, if appropriate, may be set for hearing. (Eff. 7/1/96) (Renumbered & Revised 1/1/09)

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Rule 6.2.09 Procedures in Contested Matters

All contested hearings including jurisdictional/dispositional hearing, six month, twelve month or eighteen month reviews shall be set in dependency court.

At the time the contested hearing is set the parties shall agree on the record to dates for exchange of discovery and witness lists prior to the trial date.

No continuance shall be granted that is contrary to the interest of the minor. In considering the minor’s interests, the Court shall give substantial weight to a minor’s need for stability and prompt resolution of custody status, and the damage to a minor of prolonged temporary placements. Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary. Welfare & Institutions Code § 352, California Rule of Court 5.550.

(Eff. 7/1/96) (Rev. 7/1/00) (Renumbered 1/1/09)

(Rev. 7/1/13) (Rev. 7/1/22)

Rule 6.2.10 Dependency Mediation (Welfare & Institutions Code § 350)

Dependency matters may be set for confidential mediation to develop a plan in the best interest of the child. Upon the request of any party or upon the Court’s own motion a case may be referred for mediation.

The party requesting mediation shall complete the mediation referral and report form and submit it to the juvenile court clerk at the time the referral is made.

The mediation shall be confidential and shall be conducted by trained and neutral mediators through Family Court Services. Parties and counsel for all parties shall attend the mediation except that participation by the minor shall be at the mediators’ discretion.

If the case does not resolve at mediation, the case will be set on the next dependency court calendar to schedule the contested hearing.

(Eff. 7/01/98) (Renumbered 1/1/09) (Rev. 1/1/11)

Rule 6.2.11 Mexican Consulate’s Access to Juvenile Court Records

The persons and agencies designated in Welfare & Institutions Code §§ 362.5, 827, and 827.10 will be given access to juvenile court records as provided by statute. In addition,

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the Mexican Consulate, and Consulate staff members working on behalf of the Mexican Consulate, may have access to juvenile court records when seeking the records of a child who is in protective custody and/or is before the court for a dependency action, and one of the following conditions apply:

The child is a Mexican national,

The child has a parent who is a Mexican national, or

The child has relatives (as defined in Welfare & Institutions Code § 319) who are Mexican nationals.

The Mexican Consulate may receive access and/or photocopies of juvenile court records, without prior court order, if the conditions in section (a) are met. Persons receiving records under this rule must not disclose such records to another person or agency unless authorized to do so by the Juvenile Court. Any unauthorized disclosure may be punishable as provided by applicable laws.

For purposes of this rule, “juvenile court records” include a petition filed in a juvenile court proceeding, reports of the social worker, and all other documents filed in that case or made available to the social worker, or to the judge, or other hearing officer, and thereafter retained by the social worker, judge, or other hearing officer.

(Eff. 1/1/17) (Rev. 1/1/24)

Rule 6.2.12 Extended Visits [REVOKED]

(Eff. 7/1/24) (Revoked 1/1/25)

Rule 6.3 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) (Welfare & Institutions Code § 356.5 and California Rule of Court 5.655)

Rule 6.3.01 The Advocate Program

The Superior Court may appoint child advocates to represent the interests of dependent children. In order to qualify for appointment, the child advocate must be trained by and function under the auspices of a Court Appointed Special Advocate program, formed and operating under the guidelines established by the National Court Appointed Special Advocate Association. (Welfare & Institutions Code § 356.5) (Eff. 1/1/93) (Rev. 1/1/09)

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Rule 6.3.02 Child Advocates

(Welfare & Institutions Code § 102)

An advocate is an officer of the Court and shall be sworn in by a Superior Court Judge/Commissioner before beginning their duties.

Advocates' functions. Advocates serve at the pleasure of the Court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate's functions are as follows:

Provide independent factual information to the Court regarding the appointed case(s);

To communicate the child's needs and desires to the Court in written reports and oral recommendations. The CASA Program will proofread, sign and submit all required Court reports and documents via the online Court portal system and provide a courtesy copy in the Court portal system to County Counsel, Parents Counsel, Minors Counsel, and Family and Children’s Services Social Worker(s) within two days of the Court hearing for which the report was prepared. For youth designated as a non-minor dependent, reports will be provided to Counsel for the non-minor dependent and County Counsel;

To the fullest extent possible, to communicate and coordinate efforts with the case manager (probation officer/social worker) the advocate, case manager, child's attorney, attorneys for parents, relatives, foster parents and any therapist for the child, and teachers or educators.

Monitor the case to assure that Court’s orders have been fulfilled.

Advocates may only be present in court for cases in which they are appointed.

(Eff. 1/1/93) (Rev. 1/1/09) (Rev. 7/1/18) (Rev.

1/1/24) (Rev. 1/1/25)

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Rule 6.4 JUVENILE JUSTICE MATTERS

Rule 6.4.01 All Attorneys: Qualifications and Continuing Education (Welfare & Institutions Code § 634.3, California Rule of Court 5.664)

Every attorney representing a party in juvenile justice matters, whether appointed, hired as private counsel, or assigned must be competent and have training, education or experience in juvenile justice law. This requirement may be satisfied by either:

Completing a minimum of 12 hours of training or education in the areas of law listed in California Rule of Court 5.664(b)(2); OR

Dedicating 50% of counsel’s practice each year during the most recent three calendar years to juvenile justice with demonstrated competency.

Every attorney representing a party in juvenile justice matters must, every year thereafter, complete at least 8 hours of continuing education related to juvenile justice proceedings pursuant to California Rule of Court 5.664(c).

Attorneys must prove compliance by submitting Judicial Council Form JV-700, Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court it to the juvenile justice court judge upon initial appearance, and then, every three years according to the MCLE reporting cycle.

(Eff. 7/1/17) (Rev. 7/1/19)

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DIVISION SEVEN - ARBITRATION/MEDIATION

Rule 7.1 ARBITRATION/MEDIATION RULES

Rule 7.1.01 Policy Statement

It is the policy of this Court to assign all appropriate cases to arbitration or mediation.

As a general policy statement, the Court prefers mediation but recognizes that each case must be evaluated separately. No cases will be ordered to mediation without the stipulation of all parties. (Rev. 1/1/97) (Rev. 7/1/05) (Rev. 1/1/09)

Rule 7.1.02 Judicial Mediation

The Court has an established Judicial Mediation Program. Parties may request judicial mediation by indicating their preference on the Case Management Conference Statement, Judicial Council form CM-110.

Each civil department will devote one week per month or eight half-day sessions per month to judicial mediation.

If the case is appropriate for judicial mediation and all parties agree to mediate, the Court

will set the judicial mediation for a single session. Parties may agree to judicial mediation at the case management conference or by submitting local form SUPCV 1012, Stipulation and Order to Attend Judicial Mediation or Private Arbitration, at least 10 days before the case management conference.

Generally, the case management judicial officer will conduct the mediation. In agreeing to judicial mediation, the parties waive any conflict with the mediator in the event the case is returned to the case management judicial officer (who has served as mediator) for any purpose, including trial.

A person who has the authority to settle the matter must participate in the entire mediation.

Continuance of judicial mediation is disfavored. Absent good cause, any request for continuance filed less than ten days before the scheduled mediation date will be denied. Local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, and a separate declaration will be required for consideration of a request for continuance.

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At the conclusion of an unsuccessful mediation, if the matter has not been set for trial, it will be set for the earliest practical date.

At the conclusion of a successful mediation, a return case management conference will be set. No appearance will be necessary if a Request for Dismissal, Judicial Council form CIV-110, has been filed by the return date. Otherwise, each party must file a Case Management Conference Statement, Judicial Council form CM-110, explaining what has transpired since the successful mediation.

(Eff. 7/1/05) (Rev. 7/1/15) (Rev. 7/1/25)

Rule 7.1.03 Judicial Mediation Briefs: Civil Cases

Counsel shall prepare and lodge a confidential mediation brief at least five court days prior to the mediation date. The brief shall not exceed 10 pages but may include necessary exhibits of up to 20 additional pages. Failure to comply with the requirement of timely lodging a mediation brief may result in monetary sanctions, the mediation being vacated, or both.

Counsel shall specify on the face page of the mediation brief whether counsel and the person with authority to settle the matter will participate in the mediation in person or remotely.

Parties are encouraged to exchange mediation briefs in advance of the mediation. If a party wishes to submit a confidential brief to the judge only, a second brief so indicating may also be lodged.

(Eff. 1/1/18) (Rev. 7/1/19) (Rev. 7/1/25)

Rule 7.1.04 Pro-Tem Panel Arbitration (also known as Judicial Arbitration) and Panel Mediation

Cases may be sent to panel arbitration or panel mediation from the Case Management Conference Calendar, pursuant to Code of Civil Procedure §§ 1141.10, et seq., California Rules 3.810 et. seq., Code of Civil Procedure §§ 1775 et seq., California Rules of Court 3.850 et. seq. These local rules may be amended as necessary to describe the panel arbitration and panel mediation process in more detail. (Eff. 7/1/05) (Rev.7/1/07) (Rev. 1/1/09) (Renumbered 1/1/18)

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DIVISION EIGHT - SUPERIOR COURT APPELLATE DIVISION

Rule 8.1 APPELLATE DIVISION PROCEDURES

Rule 8.1.01 General Rules

The provisions of Code of Civil Procedure § 77 and California Rules of Court 8.800 through 8.891 apply fully to these local rules. (Eff. 1/1/13) (Rev. 1/1/15)

Rule 8.1.02 Notice of Appeal

All civil, criminal, and traffic appeals: The notice of appeal and subsequent appeal papers shall be filed with the Appeals Clerk in Room 110 at the Santa Cruz Court facility.

Juvenile Dependency Appeals: The notice of appeal shall be filed with the Dependency Clerk at the Watsonville Court facility.

(Eff. 7/1/97) (Rev. 1/1/11) (Renumbered 1/1/13)

Rule 8.1.03 Ex Parte Applications

Ex parte applications for extensions of time filed either before certification to the appellate department or after, and all other ex parte applications relating to other routine matters shall be submitted to the Appeals Clerk in Room 110, who shall present the application to the Presiding Judge of the Appellate Division for review and decision. (Rev. 1/1/99) (Renumbered 1/1/13)

Rule 8.1.04 Writ Proceedings

All writs within the original jurisdiction of the appellate division shall be processed in accordance with California Rules of Court 8.930 through 8.936. (Rev. 1/1/99) (Rev. 1/1/11) (Renamed, Renumbered & Rev. 1/1/13)

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Rule 8.1.05 Infraction Cases

Infraction cases only: The provisions of Code of Civil Procedure § 77(h) and California Rules of Court 8.900 through 8.929 further define the procedures followed by the appellate division for infraction cases. (Eff. 1/1/11) (Renumbered & Rev. 1/1/13)

Rule 8.1.06 Appellate Record

Pursuant to California Rule of Court 8.833(a), the original trial court file may be used instead of a clerk’s transcript in limited civil cases.

Pursuant to California Rules of Court 8.914(a), the original trial court file may be used instead of a clerk’s transcript in infraction cases.

Pursuant to California Rules of Court §8.863(a), the original trial court file may be used instead of a clerk’s transcript in misdemeanor cases.

When requested by appellants pursuant to California Rules of Court §8.835, §8.868, and §8.917, transcripts of electronically recorded proceedings will be provided to parties in electronic form only (pdf), not in paper form.

(Eff. 1/1/13) (Rev. 7/1/16)

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DIVISION NINE – MISCELLANEOUS

Rule 9.1 MISCELLANEOUS COURT RULES

Rule 9.1.01 Audio Recordings as Evidence

Whenever an audio recording is offered for admission into evidence, an accurate written transcription must accompany it, unless otherwise ordered by the trial/hearing judicial officer. (Eff. 1/1/88) (Rev. 1/1/13) (Rev. 1/1/18)

Rule 9.1.02 Official Reporting Services

Notice of Availability of Official Reporting Services:

Consistent with California Rule of Court 2.956(b)(1), the Court must enumerate the departments in which the services of official court reporters are normally available. At this time, Court reporters are normally available in departments assigned the following subject matters:

Felony cases, Juvenile Dependency and Juvenile Justice, Freedom from Control, Contested LPS Conservatorships and, Contempt of Department of Child Support (DCSS) orders .

Notice of Non-Availability of Official Reporting Services:

1. Official court reporters are not normally available in departments assigned to the following subject matters: Misdemeanor cases, Infractions and, Limited civil proceedings.

Each of these departments is equipped with electronic recording devices for recording.

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2. Official court reporters are not provided in departments assigned to the following subject matters: Civil law and motion, Unlimited civil trials, Family law Department of Child Support Services (DCSS) matters Adoptions and, Probate matters.

Procurement of Private Court Reporter:

For matters where the court does not provide a court reporter due to unavailability, any party who desires a verbatim record of a court proceeding must arrange for or hire a private certified court reporter pro tempore to report any scheduled hearing or trial. See California Rule of Court 2.956, subsections (c) and (d) for rules governing procuring reporters.

Exception for Parties Granted a Fee Waiver:

Parties granted a fee waiver may request an official court reporter to record a verbatim record of the proceedings.

The request must be made at least 10 calendar days before the date set for trial, hearing or court appearance by submitting the Judicial Council Form FW-020 Request for Court Reporter by Party with Fee Waiver to the Clerk’s Office. (Rev. 1/1/11) (Rev. 7/1/14) (Rev. 7/1/15) (Rev 1/1/18) (Rev. 1/1/19) (Rev. 7/1/19) (Rev. 7/1/21) (Rev. 1/1/22) (Rev. 7/1/23)

Rule 9.1.03 Requests for Official Court Reporters for Civil Trials [REVOKED] incorporated into Rule 9.1.02 and Notices to Parties

(Eff. 1/1/11) (Rev. 1/1/13) (Revoked 1/1/18

incorporated into 9.1.02)

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Rule 9.2 RECORDING IN COURT [REVOKED: Renamed and renumbered] see Rule 1.5

Rule 9.2.01 Recording in Court [REVOKED: Renamed and Renumbered] see Rule 1.5.01

(Eff. 7/1/05) (Rev. 1/1/11) (Renamed and

Renumbered 1/1/26)

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DIVISION TEN - ELECTRONIC RECORDING OF PROCEEDINGS

Rule 10.1 ELECTRONIC RECORDING OF COURT PROCEEDINGS

Rule 10.1.01 Authority For and Use of Electronic Recording

Electronic recording of court proceedings in limited civil cases and misdemeanor or infraction cases is authorized under Government Code § 69957. When electronic recording is utilized, the rules of this Division shall apply. (Eff. 1/1/95) (Rev. 1/1/98) (Rev. 1/1/99) (Rev. 1/1/13)

Rule 10.1.02 Equipment

Equipment shall meet or exceed the standards set by the Judicial Council as specified in California Rules of Court 2.952 and 2.954. (Eff. 1/1/90) (Rev. 7/1/07) (Rev. 1/1/09)

Rule 10.1.03 Monitors

Each department which utilizes electronic recording as the official record of the proceedings shall designate a monitor, as defined in California Rule of Court 2.952(b)(2), to operate the recording equipment, to make appropriate notations to identify the proceedings, to play back portions of the record when requested, to mark and prepare the recordings for storage and to perform other duties as the Court may designate. (Eff. 1/1/90) (Rev. 1/1/09)

Rule 10.1.04 Monitor's Certificate

At the close of each day's proceedings, the designated monitor shall execute a certificate as specified in California Rule of Court 2.952. (Eff. 1/1/90) (Rev 1/1/98) (Rev. 7/1/07) (Rev. 1/1/09)

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Rule 10.1.05 Maintenance of Recordings

The original designated monitor's certificate, tape and monitor's notes shall be maintained and stored under direction of the Clerk of the Court. (Rev. 1/1/91) (Rev. 1/1/98) (Rev. 1/1/09)

Rule 10.1.06 Transcripts

Transcripts of electronically recorded proceedings will only be accepted by the court if prepared by the transcriber authorized by the Court. The requestor shall arrange and pay for transcription directly with the transcriber. The transcriber shall execute an affidavit certifying that the transcript is an accurate recording of the proceeding. (Rev. 1/1/99) (Rev 7/1/14) (Rev. 1/1/25)

Rule 10.1.07 Transcription of Record

A transcript of the audio recording is prima facie evidence of the proceedings when certified as being an accurate recording. (Eff. 1/1/90)

Rule 10.1.08 Official Court Reporters

No presently employed court reporter shall have their hours of employment reduced as a result of the use of electronic recording nor shall be required to prepare a transcript of a proceeding electronically recorded. (Eff. 1/1/90) (Rev. 1/1/95) (Renumbered 1/1/08) (Rev. 1/1/24)

Rule 10.1.09 Requests for Tapes

Requests for recording shall be made to the Court, at the Judges’ Chambers Office. (Rev. 1/1/98) (Renumbered 1/1/08) (Rev. 1/01/09)

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DIVISION ELEVEN – EXHIBITS

Rule 11.1 EXHIBITS

Rule 11.1.01 The Court’s Acceptance of Exhibits

Except as provided in this rule, evidence admitted in any case shall be retained by the Court for the minimum time required by law, unless good cause is shown to extend the retention period. The Executive Officer/Clerk of the Superior Court will not accept or retain exhibits that are bulky1, heavy2, or designated as hazardous or toxic waste material3 or any biological material4.

Evidence stored on removable storage devices, including but not limited to flash drives/USB’s, memory sticks and compact discs, shall be accompanied by an exhibit list. The list shall state each exhibit on the device in the order they appear.

Pursuant to Penal Code § 1417.3(b) and upon a finding of good cause, certain toxic materials may be brought into a courtroom and introduced into evidence provided they remain at all times in a sealed condition and properly labeled as to the exact contents thereof. Unless otherwise ordered by the Court, the person bringing the evidence into the courtroom shall retain it and shall be responsible for the storage of the evidence and for the production and substitution of a photographic record in lieu of the evidence.

In the event the Court does not order the substitution of a photograph and/or technical report for the actual controlled substance evidence, the evidence shall be stored by the person delivering it into the courtroom until it is eligible for destruction.

Additional exhibits which are not to be sent to the courts’ exhibits custodian, unless there is a court order for the Court to retain them, include the following:

Any type of explosive powder.

1 “bulky” objects are those exceeding 1 cubic foot in volume. 2 “heavy” objects are those exceeding 3 lbs. by weight. 3 All controlled substances listed in Health & Safety Code §§ 11054, 11055, 11056, 11057, and 11058 are considered to be hazardous waste material. 4 Any material that may be subject to forensic deoxyribonucleic acid (DNA) testing per Penal Code 1405(a) such as blood, urine, human or animal tissue or other items requiring refrigeration and/or humidity controlled storage is considered biological material.

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Any explosive chemical such as toluene, ethane, etc.

Any explosive device such as a pipe bomb, hand grenade, etc.

Any flammable device such as Molotov cocktail, gasoline, etc.

Any canister containing tear gas, spray paint, mace, etc.

Any corrosive liquid.

Any rags soaked with any flammable liquid which is still damp or wet.

Exhibits purporting to contain samples of blood, urine, human or animal fluids or tissues, or other items requiring refrigeration and/or humidity controlled storage.

All controlled substances as defined in Health & Safety Code § 11007 (which refers to schedules of controlled substances listed in Health & Safety Code §§ 11054, 11055, 11056, 11057 and 11058) have been designated by the Court as hazardous waste materials.

Firearms, knives, and other weapons.

For exhibits that fall into one of the above classifications, photographs, technical reports or identical dummy objects shall be used in lieu of the original object. Foam boards or enlarged photographs that are used in a case shall be replaced by 8 ½” x 11” photographs or copy of photographs at the end of the case. The Court will not store foam boards at the conclusion of a case. Audio/video capabilities to display and enlarge exhibits are available for use by attorneys and parties in each of the courtrooms.

The custodial party must maintain all returned exhibits in the same condition until eligible for destruction.

(Eff. 1/1/11) (Rev. 1/1/15) (Rev. 7/1/18)

(Rev 7/1/19) (Rev. 1/1/26) (Rev. 7/1/26)

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Rule 11.1.02 Civil Exhibit Retention

All exhibits and other material offered in evidence or otherwise presented at a civil, probate, or family law trial or hearing, including transcripts of depositions and administrative records, will be returned at the conclusion of trial to the custody of the offering party. The custodial party must maintain all exhibits and other material in the same condition as received from the clerk until 60 days after a final judgment or dismissal of the entire case is entered. (Eff. 7/1/19)

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THE LAWYER’S PLEDGE

In order to raise the standards of civility and professionalism among counsel and between the Bench and the Bar, I hereby pledge the following:

1. To at all times comply with the California Rules of Professional Conduct;

2. To honor all commitments;

3. To be candid in all dealings with the Court and counsel;

4. To uphold the integrity of our system of justice and not compromise personal integrity for the sake of a client, case or cause;

5. To seek to accomplish the client’s legitimate goals by the most efficient and economical methods possible;

6. To act in a professional manner at all times, to be guided by a fundamental sense of fair play in all dealings with counsel and the Court, and to be Courteous and respectful to the Court;

7. To be on time;

8. To be prepared for all Court appearances – to be familiar with all applicable Court rules;

9. To adhere to the time deadlines set by statute, rule, or order;

10. To avoid visual displays of pique in response to rulings by the Court;

11. To discourage and decline to participate in litigation or tactics that are without merit or are designed primarily to harass or drain the financial resources of the opposing party;

12. To avoid any communications with the judge concerning a pending case unless the opposing party or lawyer is present, or unless permitted by Court rules or otherwise authorized by law;

13. To refrain from impugning the integrity of the judicial system, its proceedings, or its members;

14. To treat all Court personnel with the utmost civility and professionalism;

15. To remember that conflicts with opposing counsel are professional and not personal – vigorous advocacy is not inconsistent with professional Courtesy;

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16. To refrain from derogatory statements or discriminatory conduct on the basis of race, religion, gender, sexual orientation or other personal characteristic;

17. To treat adverse witnesses and litigants with fairness and due consideration;

18. To conduct discovery proceedings as if a judicial officer were present;

19. To meet and confer with opposing counsel in a genuine attempt to resolve procedural and discovery matters;

20. To not use discovery to harass the opposition or for any other improper purpose;

21. To not arbitrarily or unreasonably withhold consent to a just and reasonable request for cooperation or accommodation;

22. To not attribute to an opponent a position not clearly taken by that opponent;

23. To avoid unnecessary “confirming” letters and to be scrupulously accurate when making any written confirmation of conversations or events;

24. To not propose any stipulation in the presence of the trier of fact unless previously agreed to by the opponent;

25. To not interrupt an opponent’s legal argument;

26. To address opposing counsel, when in Court, only through the Court;

27. To not seek sanctions against or disqualifications of another lawyer to attain a tactical advantage or for any other improper purpose;

28. To not schedule the service of papers to deliberately inconvenience opposing counsel;

29. To refrain, except in extraordinary circumstances, from using the fax machine to demand immediate responses for opposing counsel.

    (Eff. 1/1/2000)

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THE JUDGES’ PLEDGE

As a member of the judiciary who desires to improve relations among counsel and between the Bench and the Bar, I pledge as follows:

1. To be Courteous, respectful and civil to the attorneys, parties, and witnesses who appear before the Court;

2. To exercise my authority to ensure that all the attorneys, parties, and witnesses conduct themselves in a civil manner;

3. To refrain from any conduct or statement which discriminates on the basis of race, religion, gender, sexual orientation or other personal characteristic of attorneys, parties, or witnesses;

4. To instruct all Court personnel to act civilly toward attorneys, parties, and witnesses;

5. To refrain from the use of abusive, demeaning or humiliating language and opinions in oral or written communication with attorneys, parties, and witnesses;

6. To be punctual in covering all hearings, meetings, and conferences;

7. To give full consideration to the papers and arguments presented by counsel;

8. To make a reasonable effort to decide promptly all matters presented for decision;

9. To be aware of the time restraints and pressures imposed upon attorneys by the exigencies of litigation practice, while nevertheless endeavoring to resolve disputes efficiently;

10. To make every effort to adhere to the statutes and Court rules which are intended to establish uniformity among all of the Courts;

11. To consider the legitimate calendaring conflicts of attorneys, parties, and witnesses in the administration of those matters before the Court;

12. To avoid conduct which would give an appearance of favoritism to any particular counsel or party;

13. To be mindful that the Court is the servant of the people and its purpose is the administration of justice.

    (Eff. 1/1/2000)

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Appendix A: List of Local Rules of Court

DIVISION ONE -- GENERAL RULES

Rule 1.1 ADMINISTRATION AND DISTRIBUTION OF BUSINESS

Rule 1.1.01 Application of Local Rules (Effective 1/1/95) (Revised 1/1/99) Rule 1.1.02 California Rules of Court (Effective 1/1/86) Rule 1.1.03 Presiding Judge of Superior Court (Effective 1/1/95) (Revised. 1/1/01) (Revised 7/1/19) (Revised 1/1/24) Rule 1.1.04 Assistant Presiding Judge (Effective 1/1/95) (Revised 1/1/01) (Revised 7/1/19) (Revised 1/1/24) Rule 1.1.05 Department Assignments (Revised 1/1/95) (Revised 1/1/99) Rule 1.1.06 Calendar (Effective 1/1/93) (Revised 1/1/99) (Revoked 1/1/24) Rule 1.1.07 Duties of the Presiding Judge (Effective 1/1/95) (Revised 1/1/97) (Revised 1/1/24) Rule 1.1.08 Executive Officer and Clerk of the Superior Court (Effective 7/1/90) (Revised. 1/1/99) (Revised. 1/1/13) (Revised 1/1/24)

Rule 1.1.09 Definition of a Judge’s vacation day required by California Rules of Court

(Effective 1/1/04) (Revised 7/1/07)

Rule 1.1.10 Elisors

(Effective 1/1/20)

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Rule 1.1.11 Prevention of Bias Committee

(Effective 7/1/26) Rule 1.2 DOCUMENTS PRESENTED FOR FILING

Rule 1.2.01 Clerks' Offices - Hours of Operation (Revised 1/1/95) (Revised 7/1/13) Rule 1.2.02 Requests for Copies (Effective 1/1/88) (Renumbered 7/1/07) (Revised 7/1/16) Rule 1.3 ELECTRONIC FILING Rule 1.3.01 Electronic Filing General

(Effective 7/1/16) (Revised & Renumbered 7/1/17) (Revised 1/1/18) (Revised 7/1/18) (Revised 7/1/19) (Revised 7/1/20) (Revised 1/1/21) (Revised 7/1/22) (Revised 7/1/23)

Rule 1.3.02 Electronic Filing Criminal

(Effective 7/1/17) (Revised 1/1/18) Rule 1.4 REMOTE APPEARANCES

Rule 1.4.01 Appearances in Non-Criminal (Civil, Family, Restraining Orders, Probate, LPS, and Juvenile Dependency Departments) (Effective 1/1/21) (Revised 6/21/21) (Revised 10/18/21) (Revised 1/25/22) (Revised 1/1/24) Rule 1.4.02 Appearances in Criminal Departments

(Effective 1/1/21) (Revised 6/21/21) (Revised 1/25/22) (Revised 7/1/22)

Rule 1.4.03 Appearances in Traffic and Minor Violation Departments

(Effective 1/1/21) (Revised 6/21/21) (Revised 1/25/22) (Revised 7/1/22) (Revised 1/1/24) (Revoked 7/1/24)

Rule 1.4.04 Appearances in the Appellate Division

(Effective 7/1/23)

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Former Rule 1.4.04 Appearances in Juvenile Justice

(Effective 1/1/21) (Revoked 1/25/22)

Rule 1.4.04 Appearances in the Appellate Division

(Effective 7/1/25)

Rule 1.4.05 Public and Media Access to Remote Proceedings

(Effective 7/1/25) (Revised 1/1/26) Rule 1.5 PHOTOGRAPHY, BROADCASTING AND RECORDING (former rule 9.2

Rule 1.5.01 Photography, Broadcasting, and Recording in Courthouses, Courtrooms, and other Court-Controlled Spaces

(Effective 7/1/05) (Revised 1/1/11) (Renumbered and Revised 1/1/26 former rule 9.2)

DIVISION TWO - CIVIL RULES Rule 2.1 CASE MANAGEMENT

Rule 2.1.01 Initial Contact (Effective 1/1/92) (Revised & Renumbered 7/1/02) (Revised. 1/1/09) (Revised. 7/1/15) Rule 2.1.02 Cross Complaints (Effective 1/1/92) (Renumbered 7/1/02) (Revised 7/1/20) Rule 2.1.03 Continuances of Case Management Conference (Effective 1/1/95) (Renumbered 7/1/02) (Revised 1/1/19) (Revised 7/1/20) Rule 2.1.04 Request to Advance Case Management Conference (Effective 1/1/95) (Renumbered 7/1/02) Rule 2.2 SETTING CASES FOR TRIAL Rule 2.2.01 Requests for Trial Settings (Effective 1/1/92) (Revised 7/1/02) (Revised 1/1/13)

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Rule 2.2.02 Long Cause Trials (Revised 7/1/98) (Revised 1/1/99) (Revised 7/1/07) (Revised 1/1/09) (Revised 1/1/11) (Revised 1/1/13) (Revised 7/1/13) (Revised 1/1/14) (Revised 1/1/17) (Revised. 7/1/17) (Revised 7/1/22) (Revised 7/1/25) Rule 2.2.03 Short Cause Trials (Effective 1/1/80) (Revised 1/1/95) (Revised 1/1/09) (Renamed & Revised 1/1/11) Rule 2.2.04 Settlement Conferences (Revised 1/1/93) (Revised 1/1/95) (Revoked 1/1/09) Rule 2.2.05 Settlement Conference Statement (Revised 1/1/99) (Revised 7/1/07) (Revoked 1/1/09)

Rule 2.2.06 Trial Briefs in Civil Cases (Effective 1/1/87) (Renumbered 1/1/95) (Revised 1/1/09) (Revised 1/1/11) (Revised 7/1/23) (Revised 7/1/25) Rule 2.2.07 Continuances of Trials (Revised 7/1/93) (Revised 1/1/99) (Renumbered, Renamed & Revised 1/1/11) (Revised 1/1/15) (Revised 1/1/19) (Revised 7/1/26) Rule 2.2.08 Complex Litigation – Preempted by California Rules of Court (Effective 1/1/95) (Revised 1/1/01) (Revised 7/1/02) (Revised 7/1/04) (Revised 7/1/07) (Revised 1/1/09) (Renumbered & Revised 1/1/11) (Revised 7/1/17) Rule 2.2.09 Complex Litigation – Preempted by California Rules of Court (2.2.09 Renumbered to 2.2.08 1/1/11) Rule 2.3 COMPROMISE OF MINORS' CLAIMS Rule 2.3.01 Petition (Revised 7/1/02) Rule 2.3.02 Attorney Fees (Revised 7/1/91) (Revised 1/1/09) (Revoked 1/1/20)

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Rule 2.3.03 Order (Revised 7/1/02) (Revised 1/1/09) Rule 2.4 LAW & MOTION CALENDAR Rule 2.4.01 Setting Hearings (Revised 1/1/99) (Revised 1/1/08) (Revised 7/1/17) (Revised 7/1/20) (Revised 1/1/25) Rule 2.4.02 Requests for Continuances (Effective. 1/1/99) (Revised. 1/1/08) (Revised. 1/1/09) (Revised 1/1/19) (Revised 7/1/20) Rule 2.4.03 Argument and Oral Testimony at Law and Motion Calendar (Revised 1/1/93) (Revised. 1/1/95) (Revised 7/1/97) (Revised 7/1/07) (Rev. 7/1/17) Rule 2.4.04 Informal Discovery Conferences

(Effective 7/1/23)

Former Rule 2.4.04 Appearance at Hearing – Preempted by California Rules of Court (Effective 1/1/88) (Revoked 1/1/09) Rule 2.4.05 Orders and Stipulations for County Funds Preempted by California Rules of Court (Revoked 7/1/00) Rule 2.4.06 Orders for Funds Held in Interest Bearing Account (Effective 1/1/93) Rule 2.4.07 Calendaring Demurrers and/or Motions to Strike in Unlawful Detainer Cases (Effective 1/1/14) (Revised 7/1/15) (Revised 7/1/17) (Revised 1/1/23) (Revised 7/1/25) Rule 2.5 MOTIONS FOR SUMMARY JUDGMENT Preempted by California Rules of Court (Revoked. 1/1/09) (Revised 7/2000)

2.6 MOTIONS FOR APPROVAL OF CLASS ACTION SETTLEMENT

Rule 2.6.01 Motions for preliminary and final approval of class action settlements (Effective 7/1/20) Local Rules July 1, 2026 117

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Rule 2.7 TELEPHONE APPEARANCES

Rule 2.7.01 Telephone Appearances (Effective 1/1/89) (Revised 1/1/98) (Revised 1/1/09) (Revised 7/1/14) (Renumbered 7/1/20) (Revoked 1/1/21) Rule 2.7.02 Program Overview (Effective 1/1/98) (Revised 7/1/2000) (Revised 1/1/11) (Revised 7/1/14) (Renumbered 7/1/20) (Revoked 1/1/21) Rule 2.7.03 Participation in CourtCall Appearances (Effective 1/1/98) (Revised 7/1/07) (Revised 1/1/11) (Revised 7/1/14) (Renumbered 7/1/20) (Revoked 1/1/21) Rule 2.7.04 Appearance Procedure (Effective 1/1/98) (Revised. 1/1/11) (Revised 1/1/20) (Renumbered 7/1/20) (Revoked 1/1/21) Rule 2.8 MISCELLANEOUS LAW AND MOTION RULES Rule 2.8.01 (Reserved) Rule 2.8.02 Attorney Fees - California Rule of Court 3.1800(b) (Effective 1/1/86) (Renumbered 7/1/07) (Revised. 1/1/09) (Renumbered 7/1/20) Rule 2.8.03 Stipulation to Commissioners – Civil Department (Effective 12/3/03) (Renumbered 7/1/07) (Renumbered 7/1/20) Rule 2.8.04 Exhibit Formatting

(Effective 7/1/16) (Rev. 7/1/17) (Renumbered 7/1/20) Rule 2.9 EX PARTE MATTERS

Rule 2.9.01 Ex Parte Actions in General Civil Cases (Revised 1/1/00) (Revised 7/1/04) (Renumbered 7/1/07) (Revised 1/1/11) (Revised 7/1/13) (Revised 7/1/14) (Revised 7/1/16) (Renumbered 7/1/17) (Renumbered 7/1/20) (Revised 1/1/23) (Revised 1/1/24) (Revised. 1/1/25) (Revised 7/1/25)

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Rule 2.9.02 Ex Parte Restraining Order Requests

(New 1/1/23) (Revised 7/1/23)

Rule 2.9.03 Ex Parte Requests in Unlawful Detainers

(New 1/1/23) (Revised 1/1/24) (Revised 1/1/25) (Revised 7/1/25)

Rule 2.9.04 Matters Not Appropriate For Ex Parte Procedure (Effective. 1/1/91) (Revised 7/97) (Renumbered 7/1/07) (Revised 1/1/09) (Revised 7/1/14) (Renumbered 7/1/17) (Revised 1/1/19) (Renumbered 7/1/20) (Revised 1/1/23) Rule 2.10 TENTATIVE RULINGS Rule 2.10.01 Tentative Rulings Civil (Effective 7/1/17) (Renumbered 7/1/20) Rule 2.11 CALIFORNIA ENVIRONMENTAL QUALITY ACT

Rule 2.11.01 Form and Format of the Administrative Record

(Effective 1/1/20) (Renumbered 7/1/20)

Rule 2.11.02 Lodging of the Administrative Record

(Effective 1/1/20) (Renumbered 7/1/20) (Revised 1/1/26)

Rule 2.11.03 Disputes Regarding the Contents of the Administrative Record

(Effective 1/1/20) (Renumbered 7/1/20)

Rule 2.11.04 Trial Notebooks

(Effective 1/1/20) (Renumbered 7/1/20) (Revised 1/1/26)

Rule 2.11.05 Administrative Record Documents

(Effective 1/1/20) (Renumbered 7/1/20) (Revised 1/1/26)

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DIVISION THREE – FAMILY LAW

Rule 3.1 GENERAL RULES

Rule 3.1.01 Local Civil Rules Applicable to Family Law (Revised 1/1/93) (Revised 1/1/95) (Revised 1/1/09) (Revised 1/1/13) Rule 3.1.02 Telephone Appearance (Effective 1/1/13) (Revised 7/1/14) (Revised 7/1/20) (Revoked 1/1/21) Rule 3.1.03 Meet and Confer Requirement (Effective 1/1/91) (Revised 1/1/01) (Renumbered 1/1/13) Rule 3.1.04 Completion of Forms (Effective 1/1/91) (Renumbered 1/1/13)

Rule 3.1.05 Initial Status Conference (Effective 1/1/99) (Revised 1/1/09) (Renumbered & Revised 1/1/13) (Revised 7/1/25)

Rule 3.1.06 Status Conference (Effective 1/1/99) (Revised 1/1/01) (Revised 1/6/06) (Rev. 1/1/07) (Revised 1/1/09) (Revised 1/1/11) (Renumbered & Revised 1/1/13) (Revised 7/1/20) (Revised 7/1/25) Rule 3.1.07 Trial and Status Conference Continuances (Effective 1/1/99) (Revised 1/1/01) (Revised 1/6/06) (Revised 1/1/07) (Revised 1/1/09) (Renumbered & Revised 1/1/13) (Revised 1/1/19) (Revised 7/1/20) (Revised 1/1/24) Rule 3.1.08 Settlement Conference (Effective 1/1/07) (Revised 1/1/09) (Revised 1/1/11) (Renumbered 1/1/13) (Revised 1/1/21) (Revised 1/1/24) (Revised 7/1/25) Rule 3.1.09 Judicial Mediation (Effective 1/1/07) (Revised 1/1/11) (Renumbered 1/1/13) (Revised. 7/1/17) (Revised 7/1/19) (Revised 1/1/21)

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Rule 3.1.10 Trial (Effective 1/1/99) (Revised 7/1/04) (Revised 1/6/06) (Renumbered 1/1/07) (Revised 1/1/09) (Renumbered 1/1/13) (Revised 1/1/16) (Revised 1/1/21)

Rule 3.1.11 Stipulation to Commissioner (Effective 7/1/05) (Renumbered 1/1/06) (Renumbered 1/1/07) (Revised 1/1/09) (Renumbered 1/1/13) Rule 3.1.12 Stipulation to Drop/Request to Reset Motions and OSC

(Effective 1/08) (Revised 1/1/09) (Renumbered 1/1/13) (Revised 7/1/13)

Rule 3.1.13 Ex Partes in Family Law

(Effective 1/1/09) (Revised 1/1/11) (Renumbered & Revised 1/1/13) (Revised 7/1/13) (Revised 7/1/16) (Revised 1/1/17) (Revised. 7/1/17) (Revised 1/1/24) (Revised 7/1/24)

Rule 3.1.14 Service by Publication or Posting for Summons

(Effective 1/1/09) (Revised 7/1/13) (Renumbered & Revised 1/1/13) (Revised 1/1/11)

Rule 3.1.15 Assignment of Cases and Challenges to Assigned Judge

(Effective 7/1/19) (Revised 1/1/22)

Rule 3.1.16 Request for Continuances

(Effective 1/1/20) (Revised 7/1/20) (Revised 7/1/21)

Rule 3.1.17 Domestic Violence Coordination Protocol

(Effective 7/1/24) Rule 3.2 FINANCIAL ISSUES

Rule 3.2.01 Financial Issues - General Rules

(Revised 7/1/97) (Revised 1/1/06) (Revised 1/1/09) (Revised 7/1/21) (Revised 1/1/24) (Revised 7/1/25) Rule 3.3 CUSTODY ISSUES

Rule 3.3.01 (Reserved) (Revised 1/1/01) (Revised 1/1/09) (Revoked & Reserved 1/1/11) Local Rules July 1, 2026 121

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Rule 3.3.02 Child Custody Recommending Counseling (CCRC) (Effective 1/1/00) (Revised 1/1/01) (Revised 1/1/09) (Revised 1/1/11) (Revised 1/1/13) (Revised 1/1/16) Rule 3.3.03 Child Custody Evaluations (Effective 1/1/99) (Revised 1/1/01) (Revised & Renumbered 1/1/09) (Revised 1/1/11) (Revised & Renamed 7/1/24) Rule 3.3.04 Communication (Revised 7/1/95) (Revised 1/1/01) (Revised & Renumbered) (Revised 1/1/11) (Revised 1/1/13) (Revised 1/1/24) Rule 3.3.05 Referrals (Revised 7/1/95) (Renumbered 1/1/09) Rule 3.3.06 Private Mediation

(Revised 1/1/01) (Renumbered 1/1/09) (Revised 1/1/11)

Rule 3.3.07 Complaint Process (Revised 1/1/01) (Renumbered 1/1/09) (Revised 1/1/11) (Revised 1/1/24) Rule 3.3.08 Processing and Maintaining Reports and Declarations from Supervised Visitation Providers

(Effective 7/1/22) Rule 3.4 CO-PARENT COURSE

Rule 3.4.01 Co-Parenting Course (Effective 7/1/91) (Revised 1/1/01) (Revised 1/1/09) (Revised 1/1/11) (Revised 1/1/16) (Revised 7/1/16) (Revised 1/1/18) (Revised 7/1/21) (Revised 1/1/22) Rule 3.4.02 Attendance (Effective 7/1/91) (Revised 1/1/01) (Revised 1/1/11) (Revised 1/1/16) (Revised 1/1/18) (Revised 7/1/21) Rule 3.4.03 Information Sheet (Effective 7/1/91) (Revised 7/1/21) (Revised 1/1/23)

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Rule 3.5 OFFICE OF FAMILY LAW FACILITATOR (Incorporated into Self Help Center 1/1/09)

Rule 3.5.01 Duties (Effective 7/1/97) (Revised 1/1/00) Rule 3.6 TIME TO PREPARE ORDERS/JUDGMENTS (Replaced 1/1/13) Rule 3.6.01 Order Preparation (Replaced/New 1/1/13) Rule 3.6.01 Personnel in Clerk’s Office (Effective 1/1/06) (Revoked 1/1/13)

Rule 3.6.02 Self-Represented Litigants (Effective 1/1/06) (Revised 1/09) (Revoked 1/1/13) Rule 3.7 COURT REPORTERS Rule 3.7.01 Court Reporters (Effective 1/1/13) (Revised 7/1/15) (Revoked 1/1/18 incorporated in to 9.1.02) Rule 3.8 COUNSEL FOR MINORS Rule 3.8.01 Appointment of Counsel (Effective 7/1/14) Rule 3.8.02 Complaint Process (Effective 7/1/14) (Revised 1/1/24) DIVISION FOUR - PROBATE RULES Rule 4.1 PROBATE GENERAL RULES Rule 4.1.01 Applicability of Rules (Revised 7/1/91)

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Rule 4.1.02 Appearances (Effective 1/1/95) (Revised 7/1/99) (Revised7/1/03) (Revised 7/1/19) Rule 4.1.03 Probate Attorney's Office (Effective 1/1/95) (Revised 1/1/96) (Revised 1/1/99) (7/1/03) (Revised 1/1/08) (Revised 1/1/09) (Revised 1/1/11) (Revised 1/1/19) (Revised 1/1/22) (Revised 1/1/24) (Revised 1/1/25) Rule 4.1.04 Contested Matters (Effective 7/1/03) (Revised 1/1/09) (Revised 1/1/15) (Revised 1/1/21) (Revised 1/1/25) Rule 4.1.05 Correction of an Order (Revised 7/1/91) (Revised 7/1/99) (Renumbered 7/1/07) Rule 4.1.06 Petitions (Revised 7/1/01) (Renumbered 7/1/07) (Revised 1/1/09) (Revised 1/1/20) (Revised 1/1/25) Rule 4.1.07 Orders (Revised 7/1/01) (Renumbered 7/1/07) (Revised 1/1/09) (Revised 1/1/20) (Revised 7/1/20) (Revised 1/1/25) Rule 4.1.08 Ex Parte Matters – Probate (Revised 7/1/01) (Revised 7/1/03) (Renumbered 7/1/07) (Revised 1/1/09) (Revised 7/1/14) (Revised 1/1/18) (Revised 1/1/19) (Revised 7/1/20) (Revised 1/1/22) (Revised 1/1/25) (Revised 7/1/25) Rule 4.1.09 Blocked Accounts (Revised 7/1/01) (Renumbered 7/1/07) (Revised 1/1/09) Rule 4.1.10 Appointment of Probate Referee (Revised 1/1/96) (Revised 1/1/06) (Renumbered 7/1/07) (Revised 1/1/11) (Revised 1/1/13) (Revised 7/1/17) (Revised 8/1/17) (Revised 7/1/18) (Revised 1/1/22) Rule 4.1.11 Supporting Documents (Effective 7/1/99) (Revised 1/1/09) (Renumbered 7/1/17) (Revised 1/1/19)

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Rule 4.2 PROBATE OF ESTATES

Rule 4.2.01 Letters of Special Administration (Revised 7/1/91) (Revised 1/1/25) Rule 4.2.02 Petitions for Appointment (Revised 7/1/01) Rule 4.2.03 Declination of Executor (Effective 1/1/95) Rule 4.2.04 Duties and Liabilities of Personal Representative (Revised7/1/01) (Revised & Renamed 1/09) Rule 4.2.05 Consent of Representative(s) (Revised 1/1/91) (Revised 7/1/03) (Revised 1/1/09) Rule 4.2.06 Notices (Revised 7/1/01) (Revised 7/1/03) (Revised 1/1/09) (Revised 1/1/20) Rule 4.2.07 Bond Waivers (Revised 7/1/01) (Renamed 1/09) Rule 4.2.08 Inventory and Appraisal (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) (Revised 1/1/22) Rule 4.2.09 Continuances (Revised & Renamed 1/1/09) Rule 4.2.10 Sale of Real Property (Effective 1/1/91) (Revised 7/1/99) (Revised 7/1/03) (Revised 1/1/09) Rule 4.2.11 Petitions for Instructions (Effective 1/1/91) (Revised 7/1/99) (Revised 1/1/22)

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Rule 4.2.12 Petitions for Distribution (Revised 7/1/01) (Revised 7/1/03) (Revised 1/1/09) (Revised 1/1/13) (Revised 1/1/22) Rule 4.2.13 Final Discharge (Effective 1/1/91) Rule 4.2.14 Removal of a Personal Representative (Effective 1/1/91) (Revised 7/1/01) Rule 4.2.15 Compensation of Personal Representatives and Attorneys in Probate Estates (Effective 1/1/91) (Revised 7/1/01) (Revised 7/1/03) (Revised & Renamed 1/1/09) Rule 4.2.16 Accounts and Reports of Executors and Administrators (Effective 1/1/09) (Revised 1/1/13) Rule 4.3 CONSERVATORSHIPS AND GUARDIANSHIPS Rule 4.3.01 Court Investigation Agency (Effective 1/1/91) (Revised 7/1/01) (Revised 1/09) (Revoked 7/1/16) Rule 4.3.02 Temporary Conservatorships and Guardianships (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) (Revised 1/1/25) Rule 4.3.03 Petitions for Appointment of Conservators/Guardians (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) Rule 4.3.04 Assessments (Effective 1/1/91) (Revised 7/1/01) (Revised 7/1/14) Rule 4.3.05 Independent Powers (Effective 1/1/91) (Revised 1/1/09) Rule 4.3.06 Limited Conservatorships (Effective 1/1/91) (Revised 1/1/09) (Revised 1/1/13) (Revised 1/1/19) (Revised 1/1/25)

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Rule 4.3.07 Local Forms Required (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) (Revised 7/1/15) (Rev. 7/1/17) (Rev. 7/1/18) (Revised 7/1/20) Rule 4.3.08 Declaration Under UCCJEA (Effective 1/1/91) (Revised 1/1/09) (Revised 7/1/16) Rule 4.3.09 Conservatee's Mental Capacity (Effective 1/1/91) (Revised 1/1/24) Rule 4.3.10 Guardianship Funds for Support of Minor (Effective 1/1/91) (Revised 1/1/09) Rule 4.3.11 Inventory and Appraisal Required (Effective 1/1/91) (Revised 7/1/01) (Revised & Renamed 1/1/09) Rule 4.3.12 Review Hearing for Inventory and Appraisal and for Accountings. (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) Rule 4.3.13 Separate Accounting for Several Minors (Effective 1/1/91) Rule 4.3.14 Successor Conservator/Guardian (Effective 1/1/91) Rule 4.3.15 (Revoked 7-1-99) Rule 4.3.16 (Revoked 7-1-99) Rule 4.3.17 Accounts in Guardianship Proceedings (Effective 1/1/09) (Revised 1/1/24) Rule 4.3.18 Waiving of Accounts (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) (Revised. 7/1/17) Rule 4.3.19 Reports Accompanying Accounts in Conservatorships (Effective 1/09) (Revised 1/1/24)

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Rule 4.3.20 Termination of Conservatorships and Guardianships (Effective 1/1/91) (Revised 7/1/01) (Revised 1/1/09) (Revised 1/1/11) Rule 4.3.21 Fees and Commissions (Revised 7/1/01) (Revised 7/3/03) (Revised 1/1/09) (Revised 7/1/19) Rule 4.3.22 Additional Contents for Petitions Filed by Private Professional Conservators (Effective 1/1/09) (Revised 7/1/16) (Revised 1/1/24) Rule 4.3.23 Consent of Representative(s) (Effective 1/1/13) Rule 4.4 TRUSTS Rule 4.4.01 Accounts Filed by Trustees Must Conform to the Requirements of Rule 4.2.16. (Effective 7/1/01) (Revised, Renamed & Renumbered 1/1/09) Rule 4.4.02 Contents of First Account (Effective 7/1/01) (Revised, Renamed & Renumbered 1/1/09) Rule 4.4.03 Description of Principal and Income (Effective 7/1/01) (Revised, Renamed & Renumbered 1/1/09) Rule 4.4.04 Frequency for Filing Accounts (Effective 1/1/09) Rule 4.4.05 Service on Beneficiaries When Power Sought is Not Conferred (Effective 1/1/09) Rule 4.4.06 Bond for Trustee (Effective 1/1/09) Rule 4.4.07 Petition for Confirmation of Trust Assets Pursuant to Estate of Heggstad (Effective 7/1/01) (Renamed & Renumbered 1/1/09) (Revised 1/1/13) (Revised 1/1/20) Rule 4.4.08 Trustee Compensation (Effective 1/09) (Revised 1/1/20) (Revised 1/1/24) (Revised 1/1/25)

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Rule 4.4.09 Attorney Fees (Effective 1/1/09) (Revised 7/1/19) Rule 4.4.10 Consent of Trustee (Effective 1/1/13) Former Rule 4.5 ADOPTIONS (Revoked 1/09) Former Rule 4.5.01 Adoptions (Effective 1/1/91) (Renumbered 7/1/01) (Revoked 1/1/09) Rule 4.5 SPECIAL NEEDS TRUSTS

Rule 4.5.01 General Procedures for Special Needs Trusts

(Effective 7/1/19) (Revised 1/1/23)

Rule 4.5.02 Accountings and Reports of Special Needs Trusts

(Effective 7/1/19) (Revised 1/1/24)

Rule 4.5.03 Compensation of Conservator from Trust

(Effective 7/1/19) (Revised 1/1/24) (Revised 1/1/25) DIVISION FIVE - CRIMINAL PRACTICE Rule 5.1 CRIMINAL RULES

Rule 5.1.01 Criminal Departments (Effective 1/1/95) (Revised 1/1/99) (Revised 1/1/09) (Revised 1/1/11) (Revised 1/1/13) Rule 5.1.02 Applicability of Title 4 of California Rules of Court (New Renumbered 1/09) Rule 5.1.03 Format of Papers (Effective 1/1/96) (Renumbered 1/1/09) (Revoked 7/1/17) Rule 5.1.04 Motions (Revised 1/1/98) (Revised 1/1/99) (Revised & Renumbered 1/1/09) (Revised 1/1/26)

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Rule 5.1.05 Pleas at Time of Trial Revoked 7/1/15 (Effective 1/1/95) (Revised 1/1/98) (Renumbered 1/1/09) (Revoked 7/1/15) Rule 5.1.06 Jury Trials (Revised 7/97) (Revised 1/1/99) (Renumbered 7/1/07) (Renumbered 1/1/09) (Revised 1/1/13) (Revised 7/1/14) (Revised 7/1/22) (Revised 7/1/23) (Revised 1/1/24) (Revised 7/1/26) Rule 5.1.07 Bail Bond Forfeiture (Revised, Renamed & Renumbered 1/1/09) Rule 5.1.08 Real Property Bonds (Penal Code §1298) (Revised 1/1/91) (Renumbered 1/1/09) Rule 5.1.09 Personal Surety Bonds (Penal Code §§ 1278 et seq.) (Effective 1/1/91) (Renumbered 1/1/09) Rule 5.1.10 Miscellaneous Fees (Effective 1/1/91) (Renumbered 1/1/09) (Revised 1/1/11) (Revised 1/1/19) (Revised 1/1/24) Rule 5.1.11 Search Warrants (Effective 1/1/11) Rule 5.1.12 Expert Witness Fees (Effective 1/1/11) (Revised 7/1/13) (Revised 7/1/16) Rule 5.1.13 Habeas Corpus Writs (Effective 1/1/13) Rule 5.1.14 Credit for Performance of Community Service

(Effective 7/1/19) (Revised 7/1/24)

Rule 5.1.15 Ability to Pay (ATP) Authority for Clerk

(Effective 7/1/23)

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Rule 5.1.16 Orders to Calendar

(Effective 7/1/23)

Rule 5.1.17 Local Criminal Bail Schedule

(Effective 1/1/24) (Revised 7/1/24) DIVISION SIX - JUVENILE COURT RULES Rule 6.1 GENERAL PROVISIONS

Rule 6.1.01 Supplement to Statutes and Rules (Effective 1/1/93) (Revised 7/1/95) (Renumbered 7/1/07) Rule 6.1.02 Judicial Administration (Effective 1/1/93) (7/1/00) (Revised 1/1/08) (Revised 1/1/11) Rule 6.1.03 Filing of Papers (Effective 1/1/93) (Revised 7/1/00) (Revised 1/1/11) Rule 6.1.04 Motions (Effective 1/1/93) Rule 6.1.05 Motions for Continuances (Effective 1/1/93) (Revised 7/1/07) (Revised 1/1/15) (Revoked 1/1/25) Rule 6.1.06 Applications for Ex Parte Orders (Effective 1/1/93) (Revised 7/1/00) (Revised 7/1/07) (Revised 1/1/11) (Revised 7/1/19) Rule 6.1.07 Disclosure of Juvenile-Related Documents (Effective 7/1/95) (Revised 1/1/09) Rule 6.1.08 Input on Placement in Short-Term Residential Therapeutic Program

(Effective 7/1/22) Rule 6.2 DEPENDENCY MATTERS

Rule 6.2.00 Collaborative Court (Effective 1/1/09) Local Rules July 1, 2026 131

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Rule 6.2.01 Confidentiality (Effective 1/1/93) (Revised 7/98) (Revised 1/1/09) Rule 6.2.02 Settlement Conferences (Effective 1/1/93) (Renumbered 7/1/07) (Revised & Renumbered 1/1/09) Rule 6.2.03 Access to Minors (Effective 1/1/93) (Renumbered 1/1/09) Rule 6.2.04 Calendar Priority (Effective 1/1/09) (Revised 1/1/25) Rule 6.2.05 Presence of Child in Court (Effective 1/1/93) (Renumbered 1/1/09) (Revised 1/1/24) Rule 6.2.06 Appointment of Attorneys: Screening and Training (Welfare & Institutions Code § 317.6; California Rule of Court 5.660) (Effective 7/1/96) (Revised 7/1/07) (Revised & Renumbered 1/1/09) (Revised. 7/1/17) Rule 6.2.07 All Attorneys: Qualifications and Continuing Education (Effective 7/1/96) (Revised 7/1/00) (Revised & Renumbered 1/1/09) (Revised 1/1/11) (Revised. 7/1/17) Rule 6.2.08 Client Complaints (Effective 7/1/96) (Revised & Renumbered 1/1/09) Rule 6.2.08 Advisement of Interests of the Child (Effective 7/1/96) (Revoked 1/1/09) Rule 6.2.09 Procedures in Contested Matters (Effective 7/1/96) (Revised 7/1/00) (Revised 1/1/09) (Revised 7/1/22) Rule 6.2.10 Dependency Mediation (Effective 7/1/98) (Revised 1/1/09) (Revised 1/1/11)

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Rule 6.2.11 Mexican Consulate’s Access to Juvenile Court Records

(Effective 1/1/17) (Revised 1/1/24)

Rule 6.2.12 Extended Visits

(Effective 7/1/24) (Revoked 1/1/25) Rule 6.3 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) (Welfare & Institutions Code § 356.5, California Rule of Court 5.655)

Rule 6.3.01 The Advocate Program (Effective 1/1/93) (Revised 1/1/09) Rule 6.3.02 Child Advocates (Effective 1/1/93) (Revised 1/1/09) (Revised 7/1/18) (Revised 1/1/24) (Revised 1/1/25)

Rule 6.3.03 Sworn Officer of the Court (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.04 Specific Duties (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.05 Release of Information to Advocate (Effective 1/1/93) (Revised 7/1/97) (Revoked 1/1/09)

Rule 6.3.06 Report of Child Abuse (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.07 Communication (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.08 Right to Timely Notice (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.09 Calendar Priority (Effective 1/1/93) (Revoked 1/1/09)

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Rule 6.3.10 Visitation Throughout Dependency (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.11 Family Law Advocacy (Effective 1/1/93) (Revoked 1/1/09)

Rule 6.3.12 Right to Appear (Effective 1/1/93) (Revoked 1/1/09) Rule 6.4 JUVENILE JUSTICE MATTERS

Rule 6.4.01 All Attorneys: Qualifications and Continuing Education

(Welfare & Institutions Code § 634.3, California Rule of Court 5.664)

(Effective. 7/1/17) (Revised 7/1/19) DIVISION SEVEN - ARBITRATION/MEDIATION

Rule 7.1 ARBITRATION/MEDIATION RULES

Rule 7.1.01 Policy Statement (Revised 1/1/97) (Revised 7/1/05) (Revised 1/1/09) Rule 7.1.02 Judicial Mediation (Effective 7/1/05) (Revised 7/1/15) (Revised 7/1/25) Rule 7.1.03 Judicial Mediation Briefs: Civil Cases

(Effective 1/1/18) (Revised 7/1/19) (Revised 7/1/25)

Rule 7.1.04 Pro-Tem Panel Arbitration (Also known as Judicial Arbitration) and Panel Mediation (Effective 7/1/05) (Rev 7/1/07) (Revised 1/1/09) (Renumbered 1/1/18)

DIVISION EIGHT - SUPERIOR COURT APPELLATE DIVISION Rule 8.1 APPELLATE DIVISION PROCEDURES

Rule 8.1.01 General Rules (Renumbered/New 1/1/13) (Revised 1/1/15) Local Rules July 1, 2026 134

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Rule 8.1.02 Notice of Appeal (Effective 7/1/97) (Revised 1/1/11) (Renumbered 1/1/13) Rule 8.1.03 Ex Parte Applications (Revised 1/1/99) (Renumbered 1/1/13) Rule 8.1.04 Writ Proceedings (Revised 1/1/99) (Revised 1/1/11) (Renamed, Renumbered & Revised 1/1/13) Rule 8.1.05 Infraction Cases (Effective 1/1/11) (Renumbered & Revised 1/1/13) Rule 8.1.06 Appellate Record (Effective 1/1/13) (Revised 7/1/16) DIVISION NINE - MISCELLANEOUS Rule 9.1.01 Tape Recordings as Evidence (Effective 1/1/88) (Revised 1/1/13) (Revised 1/1/18) Rule 9.1.02 Notice of Availability of Official Reporting Services (Effective 1/1/94) (Revised 7/1/02) (Repealed 7/1/07) (Revised 1/1/11) (Revised 7/1/14) (Revised 1/1/18) (Revised 1/1/19) (Revised 7/1/19) (Revised 7/1/21) (Revised 1/1/22) (Revised 7/1/23) Rule 9.1.03 Requests for Official Court Reporters for Civil Trials and Notices to Parties (Effective 1/1/11) (Revised 1/1/13) (Revoked 1/1/18 incorporated into 9.1.02) Rule 9.2.01 Recording in Court – REVOKED see Rule 1.5 (Effective 7/1/05) (Revised 1/1/11) (Renumbered and Revised 1/1/26)

DIVISION TEN - ELECTRONIC RECORDING OF PROCEEDINGS Rule 10.1 ELECTRONIC RECORDING OF COURT PROCEEDINGS

Rule 10.1.01 Authority For and Use of Electronic Recording (Effective. 1/1/95) (Revised. 1/1/98) (Revised. 1/1/99) (Revised. 1/1/13)

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Rule 10.1.02 Equipment (Effective 1/1/90) (Revised 7/1/07) (Revised 1/1/09) Rule 10.1.03 Monitors (Effective 1/1/90) (Revised 1/1/09) Rule 10.1.04 Monitor's Certificate (Effective1/1/90) (Revised 1/1/98) (Revised 7/1/07) (Revised 1/1/09) Rule 10.1.05 Maintenance of Recordings (Revised 1/1/91) (Revised 1/1/98) (Revised & Renamed 1/1/09) Rule 10.1.06 Transcripts (Revised 1/1/99) (Revised 7/1/14) (Revised 1/1/25) Rule 10.1.07 Transcription of Record (Effective 1/1/90) Rule 10.1.08 Official Court Reporters (Effective 1/1/90) (Revised 1/1/95) (Renumbered 1/1/08) (Revised 1/1/24) Rule 10.1.09 Requests for Tapes (Revised 1/1/98) (Renumbered 1/1/08) (Revised 1/1/09) DIVISION ELEVEN – EXHIBITS Rule 11.1 EXHIBITS PRESENTED TO THE COURT Rule 11.1.01 The Court’s Acceptance of Exhibits (Effective 1/1/11) (Revised 1/1/15) (Revised 7/1/18) (Revised 7/1/19) (Revised 1/1/26) (Revised 7/1/26) Rule 11.1.02 Civil Exhibit Retention

(Effective 7/1/19)

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Appendix B List of Local Forms

Alphabetical List by Form Name

MANDATORY/FORM NAME FORM NUMBER REVISION DATE DEPARTMENT OPTIONAL

ADDENDUM TO DUI ADVISEMENT OF RIGHTS, SUPCR 1105 Optional 1/20 Criminal WAIVER, AND PLEA FORM ADOPTION AGREEMENT SUPADOPT 101 Optional 2/20 Adoption(ADULT OR MARRIED MINOR) ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM (VEHICLE CODE SUPCR 1109 Optional 2/26 Criminal 14601 ET SEQ.; VEHICLE CODE 12500(a) ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM DEFERRED ENTRY SUPCR 1108 Optional 2/26 Criminal OF JUDGMENT (PENAL CODE 1000 ET SEQ.) ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKAGE: STIPULATION AND SUPCV 1012 Mandatory 1/21 Civil ORDER TO ATTEND JUDICIAL MEDIATION OR PRIVATE ARBITRATION AMENDMENT TO COMPLAINT, SUPCV 436 Optional 1/20 CivilNAME CORRECTION APPLICATION AND ORDER AUTHORIZING SUPCR 1021 Optional 1/20 CriminalCOST OF REPORTER'S TRANSCRIPT

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APPLICATION AND ORDER AUTHORIZING COST OF SUPCR 1022 Optional 1/20 Criminal REPORTER'S TRANSCRIPT FOR APPEAL APPLICATION AND ORDER FOR EXTENSION TO SUPCV 702 Optional 1/25 CivilSUBMIT BEHAVIORAL HEALTH REPORT APPLICATION AND ORDER FOR PUBLICATION OF SUPCV 1041 Optional 1/20 Civil SUMMONS OR CITATION APPLICATION AND ORDER SUPCV 1104 Optional 1/20 CivilREGARDING LOST WRIT APPLICATION AND ORDER TO SERVE SUMMONS BY SUPCV 1097 Optional 1/25 CivilPOSTING FOR UNLAWFUL DETAINER APPLICATION AND STIPULATION FOR ORDER TO CONTINUE MEDIA SUPCV 1014 Mandatory 1/20 CivilTION HEARING AND/OR CASE MANAGEMENT CONFERENCE APPLICATION AND STIPULATION FOR ORDER TO SUPFL 1013 Mandatory 11/21 Family LawCONTINUE STATUS CONFERENCE APPLICATION AND STIPULATION FOR SUPCV 1013 Mandatory 1/20 CivilORDER TO CONTINUE TRIAL APPLICATION FOR AUTHORIZATION TO ENTER JUDGMENT PRIOR TO ATTENDANCE SUPFL 466 Optional 1/20 Family Law AT CO- PARENTING CLASS AND ORDER

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APPLICATION FOR REAL PROPERTY EQUITY BOND AND SUPCR 302 Optional 1/21 Criminal DECLARATION OF PROPERTY OWNER APPLICATION FOR REDESIGNATION SUPCR 1113 Optional 1/20 CriminalOF MISDEMEANOR APPOINTMENT, TERMINATION, OR SUPCV 703 Optional 1/25 CivilRESIGNATION OF SUPPORTER ATTACHMENT – 2ND SUPPR 1085 Mandatory 1/20 ProbateCONSERVATOR INFORMATION ATTACHMENT – ADDITIONAL SUPPR 1085 Mandatory 1/20 ProbateRELATIVES INFORMATION ATTACHMENT, DECLARATION IN SUPPR 1077 Optional 1/20 ProbateSUPPORT OF GUARDIANSHIP BEHAVIORAL HEALTH COURT SUPCR 1137 Mandatory 1/22 CriminalINFORMATION SHEET CLERK’S CERTIFICATE OF ENTRY OF SUPCV 0148 Optional 11/22 Civil SATISFACTION OF JUDGMENT CLERK'S JUDGMENT ON SUPCV 511 Optional 11/22 CivilSISTER STATE JUDGMENT COLLABORATIVE COURTS SUPCR 1132 Mandatory 8/24 CriminalCONTACT AND INFORMATION COLLABORATIVE COURTS REFERRAL SUPCR 1131 Mandatory 4/25 CriminalPACKET INFORMATION SHEET

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COLLABORATIVE COURTS MENTAL SUPCR 1134 Mandatory 5/23 CriminalHEALTH AND MEDICAL ROI COLLABORATIVE COURTS SUPCR 1133 Mandatory 1/22 CriminalSUBSTANCE USE DISORDER ROI CONSENT OF SPOUSE TO ADOPTION (ADULT SUPADOPT 102 Optional 2/20 Adoption OR MARRIED MINOR) DECLARATION AND ORDER RE: MEDIATED SUPSC 024 Optional 1/20 Small Claims AGREEMENT DEFAULT DECLARATION OF DILIGENT SEARCH AND REQUEST TO SUPPR 1095 Optional 1/20 Probate DISPENSE WITH NOTICE

DECLARATION OF SUPCV 147 Optional 1/20 CivilDUE DILIGENCE

DECLARATION OF ELIGIBILITY FOR REPRESENTATION SUPJV 800 Mandatory 1/20 Juvenile IN DEPENDENCY COURT

DECLARATION OF JUDGMENT DEBTOR AND REQUEST TO SUPSC 013 Mandatory 1/20 Small Claims ENTER SATISFACTION OF JUDGMENT DECLARATION RE: NOTICE UPON EX PARTE SUPCV 420 Mandatory 1/25 Civil APPLICATION FOR ORDERS DECLARATION REGARDING SERVICE OF SUPFL 1104 Optional 2/25 Family LawREQUEST TO RESCHEDULE A HEARING

DEED OF FULL SUPCR 306 Optional 11/22 CriminalRECONVEYANCE

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DEED OF TRUST SUPCR 304 Optional 1/21 Criminal

DEFENDANT FINANCIAL ELIGIBILITY STATEMENT FOR SUPCR 1127 Mandatory 3/22 Criminal APPOINTMENT OF COUNSEL AND REIMBURSEMENT DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA SUPCR 1104 Optional 2/26 Criminal FORM (VEHICLE CODE 23152) DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM SUPCR 1106 Optional 2/26 Criminal (VEHICLE CODE 23153) EX PARTE APPLICATION AND ORDER TO SEAL SUPCV 1098 Optional 1/20 Civil AN UNLAWFUL DETAINER EX PARTE REQUEST AND ORDER TO SUPCV 1015 Optional 1/25 CivilADVANCE CASE MANAGEMENT CONFERENCE FAMILY LAW PARENTAGE SUPFL 400 Optional 7/20 Family LawJUDGMENT CHECKLIST FAMILY PRESERVATION SUPCR 1136 Mandatory 7/25 Criminal COURT REFERRAL

FINES AND FEES SUPCR 1141 Optional 1/24 CriminalINFORMATION

GRIEVANCE PROCEDURE UNDER THE SUPAD 201 Optional 1/22 Administration AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE UNDER THE SUPAD 201-S Optional 1/22 AdministrationAMERICANS WITH DISABILITIES ACT

• SPANISH

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JUDGE'S TRANSCRIPT SUPCR 1023 Optional 1/20 CriminalREQUEST AND ORDER JUVENILE JUSTICE REQUEST AND SUPJV 002 Optional 1/22 Juvenile ORDER TO CALENDAR LANGUAGE ACCESS SUPAD 200 Optional 7/18 AdministrationSERVICES COMPLAINT FORM LANGUAGE ACCESS SERVICES SUPAD 200-S Optional 7/18 Administration COMPLAINT FORM SPANISH MISDEMEANOR ADVISEMENT OF SUPCR 1107 Optional 2/26 CriminalRIGHTS, WAIVER, AND PLEA FORM MODIFICATION REQUEST FORM: CRIMINAL/MINOR SUPTMV 056 Optional 2/21 Traffic VIOLATION/ TRAFFIC MOTION AND ORDER TO MODIFY OR SUPCR 1122 Optional 1/21 Criminal TERMINATE PROBATION MOTION TO REDUCE FELONY SUPCR 1128 Optional 1/20 CriminalTO A MISDEMEANOR NOTICE OF SUPTMV 041 Mandatory 1/20 TrafficPARKING APPEAL NOTICE OF RESIDENCE, LPS SUPPR 714 Mandatory 1/20 Probate CONSERVATORSHIP OBJECTION TO PETITION FOR SUPPR 1071 Optional 1/20 ProbateVISITATION GUARDIANSHIPS ONE-TIME CREDIT CARD SUPAD 982 Mandatory 7/21 Administration AUTHORIZATION

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ORDER AFTER SUPCV 1099 Optional 1/20 CivilHEARING (CIVIL) ORDER APPROVING PROPERTY BOND SUPCR 305 Optional 1/21 CriminalAND FOR RELEASE OF DEFENDANT ORDER DETERMINING CLAIM OF SUPCV 429 Optional 1/20 CivilEXEMPTION ENFORCEMENT OF JUDGMENT ORDER FOR RELEASE OF SUPCV 435 Optional 1/20 CivilRENTS POSTED WITH COURT ORDER OF ADOPTION (ADULT SUPADOPT 103 Optional 2/20 AdoptionOR MARRIED MINOR) ORDER OF APPOINTMENT OF ATTORNEY SUPJV 700 Optional 1/21 Juvenile PURSUANT TO W&I CODE 317 ORDER ON FIRST AND FINAL REPORT OF SUPPR 502 Optional 7/24 Probate PERSONAL REPRESENTATIVE ORDER ON PETITION OR SUPCR 1115 Optional 1/20 Criminal APPLICATION ORDER PRIMA FACIE SUPCV 0700 Mandatory 7/25 CivilDETERMINATION (WIC 5977) ORDER REDUCING SUPCR 1129 Optional 1/20 CriminalFELONY TO A MISDEMEANOR ORDER SEALING ARREST SUPCR 1125 Optional 1/20 Criminal RECORDS ORDER TERMINATING SUPCR 1123 Optional 1/20 Criminal PROBATION ORDER TO REMOVE SUPFL 1094 Mandatory 11/22 DCSSATTACHMENTS, SEAL, REDACT

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PETITION FOR APPROVAL OF ADOPTION SUPADOPT 100 Optional 2/20 AdoptionAGREEMENT (ADULT OR MARRIED MINOR) PETITION FOR AUTHORIZATION TO INSPECT ADOPTION AND SUPADOPT 051 Mandatory 1/20 AdoptionBIRTH RECORDS INFORMATION AND TO OBTAIN COPIES PETITION FOR FIRST AND FINAL REPORT AND SUPPR 501 Optional 7/24 ProbatePETITION FOR FINAL DISTRIBUTION PETITION FOR REAPPOINTMENT OF SUPPR 410 Optional 1/20 ProbateCONSERVATOR AND NOTICE OF HEARING PETITION FOR RELIEF FROM COLLECTIONS – SUPTMV 061 Optional 9/22 Traffic FAILURE TO APPEAR PETITION FOR SUPCR 1112 Optional 1/20 CriminalRESENTENCING PETITION FOR VISITING, OTHER CONTACT, MODIFICATION OF SUPPR 1074 Optional 1/20 Probate VISITATION ORDER, GUARDIANSHIP PETITION TENDERING SUPPR 1075 Optional 1/20 ProbateRESIGNATION OF GUARDIAN PETITION TO REMOVE SUPPR 1076 Optional 1/20 ProbateGUARDIAN OR CONSERVATOR PETITION TO SEAL ARREST SUPCR 1124 Optional 12/20 Criminal RECORDS PLEA FORM: TRAFFIC AND SUPTMV 057 Optional 5/25 Traffic MINOR VIOLATION

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PLEADING OBJECTION TO SUPPR 1070 Optional 1/23 Probate CONSERVATORSHIP PLEADING OBJECTION TO PETITION TO SUPPR 1072 Optional 1/20 ProbateREMOVE, GUARDIANSHIP OR CONSERVATORSHIP PLEADING OBJECTION TO PETITION TO SUPPR 1073 Optional 1/20 ProbateTERMINATE, GUARIDIANSHIP OR CONSERVATORSHIP PROCEDURE TO OBTAIN SUPCR 301 Optional 1/21 CriminalAPPROVAL OF A PROPERTY BOND PROMISSORY SUPCR 303 Optional 1/21 CriminalNOTE REFERAL TO COURT SUPPR 1085 Mandatory 1/20 ProbateINVESTIGATOR - CONFIDENTAL REQUEST AND ORDER FOR SUPFL 1103 Optional 11/21 Family LawDEFAULT HEARING REQUEST AND ORDER FOR NON- SUPAD 0100 Optional 7/25 AdministrationPARTY REMOTE ACCESS REQUEST AND ORDER FOR REMOTE APPEARANCE AT TRIAL SUPTMV 025 Mandatory 7/24 Traffic (INFRACTIONS & MINOR VIOLATIONS ONLY) REQUEST AND ORDER TO AMEND SUPSC 008 Optional 11/22 Small ClaimsNAME AFTER JUDGMENT REQUEST AND ORDER TO CALENDAR – SUPCR 0205 Mandatory 8/24 Criminal ATTORNEY/AGEN CY USE ONLY REQUEST FOR CERTIFIED MAIL SUPSC 002 Optional 1/20 Small Claims SERVICE

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REQUEST FOR COURT SUPAD 347 Mandatory 10/23 AdministrationPROCEEDING TO BE TRANSCRIBED REQUEST FOR ELECTRONIC AUDIO SUPAD 001 Optional 10/23 AdministrationRECORDING OF COURT PROCEEDING REQUEST FOR HEARING ON PROTECTIVE SUPCR 1126 Optional 11/22 Criminal ORDER MODIFICATION REQUEST FOR REMOTE ORAL ARGUMENT SUPAPP 100 Optional 7/23 Appellate APPELLATE DIVISION REQUEST FOR TRIAL - FAMILY SUPFL 1042 Optional 1/20 Family Law LAW REQUEST/ORDER TO CALENDAR CASE SUPJV 0835 Optional 1/20 Juvenile (DEPENDENCY ATTORNEY ONLY) RESEARCH AND COPY REQUEST SUPAD 981 Optional 2/23 Admin FORM RESPONSE TO PETITION OR SUPCR 1114 Optional 1/20 Criminal APPLICATION SEEK WORK ORDER AND SUPFL 1102 Optional 1/20 Family Law REPORT SMALL CLAIMS FILING SUPSC 001 Optional 2/24 Small Claims INFORMATION SMALL CLAIMS MEDIATION SUPSC 005 Optional 1/20 Small ClaimsPROGRAM INFORMATION STATUS CONFERENCE SUPFL 1034 Mandatory 1/24 Family LawSTATEMENT - FAMILY LAW STATUS REPORT OF SUPPR 500 Optional 7/21 Probate ADMINISTRATION STIPULATION AND ORDER (FAMILY SUPFL 1088 Optional 2/25 Family Law LAW) STIPULATION AND SUPCV 1100 Optional 1/20 CivilORDER (CIVIL) Local Rules July 1, 2026 146

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STIPULATION AND ORDER FOR CONTINUNACE OF SUPFL 501 Mandatory 1/24 Family Law SETTLEMENT CONFERENCE STIPULATION AND ORDER REQUESTING SUPFL 500 Mandatory 1/24 Family LawVOLUNTARY SETTLEMENT CONFERENCE STIPULATION AND ORDER TO CHILD CUSTODY SUPFL 0967 Optional 2/25 Family Law RECOMMENDING COUNSELING STIPULATION FOR RECORD CLEARANCE SUPCR 1111 Optional 7/25 Criminal RELIEF (CRIMINAL) STIPULATION TO VACATE SUPSC 025 Optional 1/20 Small ClaimsJUDGMENT AND ORDER THEREON TERMINATION OF PARENTAL SUPJV 1031 Optional 8/22 Juvenile RIGHTS-JUVENILE VETERAN’S COURT ASSESSMENT REFERRAL SUPCR 1138 Mandatory 1/22 Criminal PACKET INFORMATION SHEET VETERAN’S TREATMENT SUPCR 1139 Mandatory 1/22 CriminalPROGRAM INSTRUCTIONS VISITATION ATTACHMENT A, SUPPR 1079 Optional 1/20 Probate GUARDIANSHIP VISITATION ORDER SUPPR 1078 Optional 1/20 Probate GUARDIANSHIP WAIVER OF SUPTMV 060 Optional 1/20 TrafficARRAIGNMENT WAIVER OF NOTICE SUPPR 1080 Optional 1/20 Probate (PROBATE) WAIVER OF DEFENDANT’S SUPCR 321 Mandatory 10/20 CriminalPERSONAL APPEARANCE

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WAIVER OF OFFICIAL REPORTER IN SUPCR 1116 Optional 8/25 Criminal FELONY PROCEEDINGS WHY IS YOUR BAIL SUPTMV 051 Optional 2/26 TrafficFINE SO MUCH?

Numerical List by Form Number

MANDATORY/ FORM NAME FORM NUMBER REVISION DATE DEPARTMENT OPTIONAL

REQUEST FOR ELECTRONIC AUDIO CD OF SUPAD 001 Optional 10/23 Administration COURT PROCEEDING REQUEST AND ORDER FOR NON- SUPAD 0100 Optional 7/25 AdministrationPARTY REMOTE ACCESS LANGUAGE ACCESS SUPAD 200 Optional 7/18 AdministrationSERVICES COMPLAINT FORM LANGUAGE ACCESS SERVICES SUPAD 200-S Optional 718 Administration COMPLAINT FORM SPANISH GRIEVANCE PROCEDURE UNDER THE SUPAD 201 Optional 1/22 Administration AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE UNDER THE SUPAD 201-S Optional 1/22 AdministrationAMERICANS WITH DISABILITIES ACT

• SPANISH REQUEST FOR COURT SUPAD 347 Mandatory 10/23 AdministrationPROCEEDING TO BE TRANSCRIBED RESEARCH AND COPY REQUEST SUPAD 981 Optional 2/23 Administration FORM ONE-TIME CREDIT CARD PAYMENT SUPAD 982 Mandatory 7/21 Administration AUTHORIZATION

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PETITION FOR AUTHORIZATION TO INSPECT ADOPTION AND SUPADOPT 051 Mandatory 1/20 AdoptionBIRTH RECORDS INFORMATION AND TO OBTAIN COPIES PETITION FOR APPROVAL OF ADOPTION SUPADOPT 100 Optional 2/20 AdoptionAGREEMENT (ADULT OR MARRIED MINOR) ADOPTION AGREEMENT SUPADOPT 101 Optional 2/20 Adoption(ADULT OR MARRIED MINOR) CONSENT OF SPOUSE TO ADOPTION (ADULT SUPADOPT 102 Optional 2/20 Adoption OR MARRIED MINOR) ORDER OF ADOPTION (ADULT SUPADOPT 103 Optional 2/20 AdoptionOR MARRIED MINOR) REQUEST FOR REMOTE ORAL ARGUMENT SUPAPP 100 Optional 7/23 Appellate APPELLATE DIVISION REQUEST AND ORDER TO CALENDAR – SUPCR 0205 Mandatory 8/24 Criminal ATTORNEY/AGEN CY USE ONLY PROCEDURE TO OBTAIN SUPCR 301 Optional 1/21 CriminalAPPROVAL OF A PROPERTY BOND APPLICATION FOR REAL PROPERTY EQUITY BOND AND SUPCR 302 Optional 1/21 Criminal DECLARATION OF PROPERTY OWNER

PROMISSORY SUPCR 303 Optional 1/21 CriminalNOTE

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DEED OF TRUST SUPCR 304 Optional 1/21 Criminal

ORDER APPROVING PROPERTY BOND SUPCR 305 Optional 1/21 CriminalAND FOR RELEASE OF DEFENDANT

DEED OF FULL SUPCR 306 Optional 11/22 CriminalRECONVEYANCE

WAIVER OF DEFENDANT’S SUPCR 321 Mandatory 10/20 CriminalPERSONAL APPEARANCE APPLICATION AND ORDER AUTHORIZING SUPCR 1021 Optional 1/20 CriminalCOST OF REPORTER'S TRANSCRIPT APPLICATION AND ORDER AUTHORIZING COST OF SUPCR 1022 Optional 1/20 Criminal REPORTER'S TRANSCRIPT FOR APPEAL JUDGE'S TRANSCRIPT SUPCR 1023 Optional 1/20 CriminalREQUEST AND ORDER DUI ADVISEMENT OF RIGHTS, WAIVER AND SUPCR 1104 Optional 2/26 CriminalPLEA FORM (VEHICLE CODE 23152) ADDENDUM TO DUI ADVISEMENT OF RIGHTS, SUPCR 1105 Optional 1/20 Criminal WAIVER, AND PLEA FORM DUI ADVISEMENT OF RIGHTS, WAIVER, AND SUPCR 1106 Optional 2/26 CriminalPLEA FORM (VEHICLE CODE 23153) MISDEMEANOR ADVISEMENT OF SUPCR 1107 Optional 2/26 CriminalRIGHTS, WAIVER, AND PLEA FORM Local Rules July 1, 2026 150

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ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM DEFERRED SUPCR 1108 Optional 2/26 CriminalENTRY OF JUDGMENT (PENAL CODE 1000 ET SEQ.) ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM (VEHICLE CODE SUPCR 1109 Optional 2/26 Criminal 14601 ET SEQ.; VEHICLE CODE 12500(a) STIPULATION FOR RECORD CLEARANCE SUPCR 1111 Optional 7/25 Criminal RELIEF (CRIMINAL) PETITION FOR SUPCR 1112 Optional 1/20 CriminalRESENTENCING APPLICATION FOR REDESIGNATION SUPCR 1113 Optional 1/20 CriminalOF MISDEMEANOR RESPONSE TO PETITION OR SUPCR 1114 Optional 1/20 Criminal APPLICATION ORDER ON PETITION OR SUPCR 1115 Optional 1/20 Criminal APPLICATION WAIVER OF OFFICIAL REPORTER IN SUPCR 1116 Optional 1/20 Criminal FELONY PROCEEDINGS MOTION AND ORDER TO MODIFY OR SUPCR 1122 Optional 1/21 Criminal TERMINATE PROBATION PETITION TO SEAL ARREST SUPCR 1124 Optional 12/20 Criminal RECORDS ORDER SEALING ARREST SUPCR 1125 Optional 1/20 Criminal RECORDS REQUEST FOR HEARING ON PROTECTIVE SUPCR 1126 Optional 11/22 Criminal ORDER MODIFICATION

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DEFENDAT FINANCIAL ELIGIBILITY STATEMENT FOR SUPCR 1127 Mandatory 3/22 Criminal APPOINTMENT OF COUNSEL AND REIMBURSEMENT MOTION TO REDUCE FELONY SUPCR 1128 Optional 1/20 CriminalTO MISDEMEANOR ORDER REDUCING SUPCR 1129 Optional 1/20 CriminalFELONY TO A MISDEMEANOR COLLABORATIVE COURTS REFERRAL SUPCR 1131 Mandatory 07/24 CriminalPACKET INFORMATION SHEET COLLABORATIVE COURTS SUPCR 1132 Mandatory 8/24 CriminalCONTACT AND INFORMATION COLLABORATIVE COURTS SUPCR 1133 Mandatory 1/22 CriminalSUBSTANCE USE DISORDER ROI COLLABORATIVE COURTS MENTAL SUPCR 1134 Mandatory 5/23 CriminalHEALTH AND MEDICAL ROI FAMILY PRESERVATION SUPCR 1136 Mandatory 7/25 Criminal COURT REFERRAL BEHAVIORAL HEALTH COURT SUPCR 1137 Mandatory 1/22 CriminalINFORMATION SHEET VETERAN’S COURT ASSESSMENT REFERRAL SUPCR 1138 Mandatory 1/22 Criminal PACKET INFORMATION SHEET VETERAN’S TREATMENT SUPCR 1139 Mandatory 1/22 CriminalPROGRAM INSTRUCTIONS FINES AND FEES SUPCR 1141 Optional 1/24 CriminalINFORMATION

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DECLARATION OF SUPCV 0147 Optional 1/20 CivilDUE DILIGENCE CLERK’S CERTIFICATE OF ENTRY OF SUPCV 0148 Optional 11/22 Civil SATISFACTION OF JUDGMENT DECLARATION RE: NOTICE UPON EX PARTE SUPCV 0420 Optional 1/25 Civil APPLICATION FOR ORDERS ORDER DETERMINING CLAIM OF SUPCV 0429 Optional 1/20 CivilEXEMPTION ENFORCEMENT OF JUDGMENT ORDER FOR RELEASE OF SUPCV 0435 Optional 1/20 CivilRENTS POSTED WITH COURT AMENDMENT TO COMPLAINT, SUPCV 0436 Optional 1/20 CivilNAME CORRECTION CLERK'S JUDGMENT ON SUPCV 511 Optional 11/22 CivilSISTER STATE JUDGMENT ORDER ON PRIMA FACIE SUPCV 0700 Optional 7/25 CivilDETERMINATION (WIC 5977) APPLICATION AND ORDER FOR EXTENSION TO SUPCV 702 Optional 1/25 CivilSUBMIT BEHAVIORAL HEALTH REPORT APPOINTMENT, TERMINATION, OR SUPCV 703 Optional 1/25 CivilRESIGNATION OF SUPPORTER ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKAGE: STIPULATION AND SUPCV 1012 Mandatory 1/21 Civil ORDER TO ATTEND JUDICIAL MEDIATION OR PRIVATE ARBITRATION

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APPLICATION AND STIPULATION FOR SUPCV 1013 Mandatory 1/20 CivilORDER TO CONTINUE TRIAL APPLICATION AND STIPULATION FOR ORDER TO CONTINUE MEDIA SUPCV 1014 Mandatory 1/20 CivilTION HEARING AND/OR CASE MANAGEMENT CONFERENCE EX PARTE REQUEST AND ORDER TO SUPCV 1015 Optional 1/25 CivilADVANCE CASE MANAGEMENT CONFERENCE APPLICATION AND ORDER FOR PUBLICATION OF SUPCV 1041 Optional 1/20 Civil SUMMONS OR CITATION APPLICATION AND ORDER TO SERVE SUMMONS BY SUPCV 1097 Optional 1/20 CivilPOSTING FOR UNLAWFUL DETAINER EX PARTE APPLICATION AND ORDER TO SEAL SUPCV 1098 Optional 1/20 Civil AN UNLAWFUL DETAINER ORDER AFTER SUPCV 1099 Optional 1/20 CivilHEARING (CIVIL) STIPULATION AND SUPCV 1100 Optional 1/20 CivilORDER (CIVIL) APPLICATION AND ORDER SUPCV 1104 Optional 1/20 CivilREGARDING LOST WRIT FAMILY LAW PARENTAGE SUPFL 400 Optional 7/20 Family LawJUDGMENT CHECKLIST APPLICATION FOR AUTHORIZATION TO ENTER JUDGMENT PRIOR TO ATTENDANCE SUPFL 0466 Optional 1/20 Family Law AT CO- PARENTING CLASS AND ORDER

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STIPULATION AND ORDER REQUESTING SUPFL 500 Mandatory 1/24 Family LawVOLUNTARY SETTLEMENT CONFERENCE STIPULATION AND ORDER FOR CONTINUANCE OF SUPFL 501 Mandatory 1/24 Family Law SETTLEMENT CONFERENCE STIPULATION AND ORDER TO CHILD CUSTODY SUPFL 0967 Optional 2/25 Family Law RECOMMENDING COUNSELING APPLICATION AND STIPULATION FOR ORDER TO SUPFL 1013 Mandatory 11/21 Family LawCONTINUE STATUS CONFERENCE STATUS CONFERENCE SUPFL 1034 Mandatory 1/24 Family LawSTATEMENT - FAMILY LAW REQUEST FOR TRIAL - FAMILY SUPFL 1042 Optional 1/20 Family Law LAW STIPULATION AND ORDER (FAMILY SUPFL 1088 Optional 2/25 Family Law LAW) ORDER TO REMOVE SUPFL 1094 Mandatory 11/22 DCSSATTACHMENTS, SEAL, DEDACT SEEK WORK ORDER AND SUPFL 1102 Optional 1/20 Family Law REPORT REQUEST AND ORDER FOR SUPFL 1103 Optional 11/21 Family LawDEFAULT HEARING DECLARATION REGARDING SERVICE OF SUPFL 1104 Optional 2/25 Family LawREQUEST TO RESCHEUDLE A HEARING JUVENILE JUSTICE REQUEST AND SUPJV 002 Optional 1/22 Juvenile ORDER TO CALENDAR ORDER OF APPOINTMENT OF SUPJV 700 Optional 1/21 Juvenile ATTORNEY Local Rules July 1, 2026 155

Superior Court of California County of Santa Cruz

PURSUANT TO W&I CODE 317 DECLARATION OF ELIGIBILITY FOR REPRESENTATION SUPJV 800 Mandatory 1/20 Juvenile IN DEPENDENCY COURT REQUEST/ORDER TO CALENDAR CASE SUPJV 0835 Optional 1/20 Juvenile (DEPENDENCY ATTORNEY ONLY) TERMINATION OF PARENTAL SUPJV 1031 Optional 8/22 Juvenile RIGHTS-JUVENILE PETITION FOR REAPPOINTMENT OF SUPPR 0410 Optional 1/20 ProbateCONSERVATOR AND NOTICE OF HEARING STATUS REPORT OF SUPPR 500 Optional 7/21 Probate ADMINISTRATION PETITION FOR FIRST AND FINAL REPORT AND SUPPR 501 Optional 7/24 ProbatePETITION FOR FINAL DISTRIBUTION ORDER ON FIRST AND FINAL REPORT OF SUPPR 502 Optional 7/24 Probate PERSONAL REPRESENTATIVE NOTICE OF RESIDENCE, LPS SUPPR 0714 Mandatory 1/20 Probate CONSERVATORSHIP PLEADING OBJECTION TO, SUPPR 1070 Optional 1/23 Probate CONSERVATIORSHIP OBJECTION TO PETITION FOR SUPPR 1071 Optional 1/20 ProbateVISITATION GUARDIANSHIPS PLEADING OBJECTION TO PETITION TO SUPPR 1072 Optional 1/20 ProbateREMOVE, GUARDIANSHIP OR CONSERVATORSHIP PLEADING OBJECTION TO SUPPR 1073 Optional 1/20 ProbatePETITION TO TERMINATE, Local Rules July 1, 2026 156

Superior Court of California County of Santa Cruz

GUARDIANSHIP OR CONSERVATORSHIP PETITION FOR VISITING, OTHER CONTACT, SUPPR 1074 Optional 1/20 ProbateMODIFICATION OF VISITATION ORDER, GUARDIANSHIP PETITION TENDERING SUPPR 1075 Optional 1/20 ProbateRESIGNATION OF GUARDIAN PETITION TO REMOVE SUPPR 1076 Optional 1/20 ProbateGUARDIAN OR CONSERVATOR ATTACHMENT, DECLARATION IN SUPPR 1077 Optional 1/20 ProbateSUPPORT OF GUARDIANSHIP VISITATION ORDER SUPPR 1078 Optional 1/20 Probate GUARDIANSHIP VISITATION ATTACHMENT A, SUPPR 1079 Optional 1/20 Probate GUARDIANSHIP REFERRAL TO COURT SUPPR 1085 Mandatory 1/20 Probate INVESTIGATOR ATTACHMENT – 2ND SUPPR 1085 Mandatory 1/20 ProbateCONSERVATOR INFORMATION ATTACHMENT – ADDITIONAL SUPPR 1085 Mandatory 1/20 ProbateRELATIVES INFORMATION DECLARATION OF DILIGENT SEARCH AND REQUEST TO SUPPR 1095 Optional 1/20 Probate DISPENSE WITH NOTICE WAIVER OF NOTICE SUPPR 1098 Optional 1/20 Probate (PROBATE) SMALL CLAIMS FILING SUPSC 001 Optional 1/20 Small Claims INFORMATION REQUEST FOR CERTIFIED MAIL SUPSC 002 Optional 1/20 Small Claims SERVICE SMALL CLAIMS MEDIATION SUPSC 005 Optional 1/20 Small ClaimsPROGRAM INFORMATION

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REQUEST AND ORDER TO AMEND SUPSC 008 Optional 11/22 Small ClaimsNAME AFTER JUDGMENT DECLARATION OF JUDGMENT DEBTOR AND REQUEST TO SUPSC 013 Mandatory 1/20 Small ClaimsENETR SATISFACTION OF JUDGMENT DECLARATION AND ORDER RE: MEDIATED SUPSC 024 Optional 1/20 Small Claims AGREEMENT DEFAULT STIPULATION TO VACATE SUPSC 025 Optional 1/20 Small ClaimsJUDGMENT AND ORDER THEREON REQUEST AND ORDER FOR REMOTE APPEARANCE AT TRIAL SUPTMV 025 Mandatory 7/24 Traffic (INFRACTIONS & MINOR VIOLATIONS ONLY) NOTICE OF SUPTMV 041 Mandatory 1/20 TrafficPARKING APPEAL WHY IS YOUR BAIL SUPTMV 051 Optional 2/26 TrafficFINE SO MUCH? MODIFICATION REQUEST FORM: CRIMINAL/MINOR SUPTMV 056 Optional 2/21 Traffic VIOLATION/ TRAFFIC PLEA FORM: TRAFFIC AND SUPTMV 057 Optional 5/25 Traffic MINOR VIOLATION WAIVER OF SUPTMV 060 Optional 1/20 TrafficARRAIGNMENT PETITION FOR RELIEF FROM COLLECTIONS – SUPTMV 061 Optional 9/22 Traffic FAILURE TO APPEAR

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INDEX

A Briefs Civil Mediation ...................................................................... 99 Administration ....................................... See Court Administration Civil Trials .............................................................................. 16 Appellate Division ..................................................................... 100 Family Law Mediation ........................................................... 36 Appellate Record ................................................................. 101 Family Law Trials ................................................................... 37 Ex Parte Matters .................................................................. 100 Probate Trials ........................................................................ 54 Infraction Cases ................................................................... 101 Notice of Appeal .................................................................. 100 C Remote Appearances ............................................................ 11 Writ Proceedings ................................................................. 100 Calendar Arbitration/Mediation Demurrers and Motions to Strike in Unlawful Detainers ...... 21 Civil Mediation Briefs ............................................................ 99 Juvenile Dependency ............................................................ 92 Family Law Mediation Briefs ................................................. 36 Law & Motion ....................................................................... 19 Judicial Mediation ................................................................. 98 Orders to Calendar Criminal ................................................. 87 Judicial Mediation Family Law ............................................... 36 Policy ....................................................................................... 3 Policy Statement ................................................................... 98 California Environmental Quality Act Pro-Tem Panel Arbitration..................................................... 99 Administrative Record .......................................................... 29 Attorney Fees ............................................................................. 22 Administrative Record Documents ....................................... 30 Conservatorships and Guardianships .................................... 74 Disputes regarding Administrative Record ........................... 30 Trusts ..................................................................................... 79 Lodging Administrative Record ............................................. 29 Attorneys Trial Notebooks ..................................................................... 30 Juvenile Court Education ....................................................... 97 Case Management Juvenile Court Qualifications ................................................. 97 Civil ....................................................................................... 14 Audio Recordings as Evidence .................................................. 102 Continuances of Case Management Conference .................. 14 Request to Advance .............................................................. 15 B CEQA ............................. See California Environmental Quality Act Certified Copies Bail Request for Copies .................................................................. 7 Bail Bond Forfeiture .............................................................. 84 Child Custody Recommending Counseling ................................. 43 Local Bail Schedule ................................................................ 87 Complaint Process ................................................................ 47 Personal Surety ..................................................................... 85 Child Support Calculations ......................................................... 43 Real Property Bonds .............................................................. 84 Timeshare percentages ......................................................... 43 Bias ............................................................................................... 6 Civil Blocked Accounts........................................................................ 57 Case Management ................................................................ 14 Bonds Complex Litigation ................................................................ 18 Bail Bond Forfeiture .............................................................. 84 Continuances of Case Management Conference .................. 14 Personal Surety - Criminal ..................................................... 85 Continuances of Trials ........................................................... 17 Probate - Bond Waivers......................................................... 60 Elisors .....................................

Continuances of Case Management Conference .................. 14

Personal Surety - Criminal ..................................................... 85 Continuances of Trials ........................................................... 17 Probate - Bond Waivers......................................................... 60 Elisors ...................................................................................... 3 Real Property - Criminal ........................................................ 84 Ex Parte Matters ................................................................... 23 Trustee Bond ......................................................................... 77 Ex Parte Matters, Matters Not Appropriate ......................... 27 Waiver of Bond - Conservatee's Mental Capacity ................. 69 Informal Discovery Conferences ........................................... 20 Local Rules July 1, 2026 159

Superior Court of California County of Santa Cruz

Law & Motion Calendar ................................................... 19, 22 Juvenile ................................................................................. 90 Long Cause Trials ................................................................... 15 Juvenile Dependency Contested Matters ............................. 94 Remote Appearances ............................................................ 10 Law & Motion Calendar ........................................................ 19 Setting Cases for Trial ............................................................ 15 Probate ................................................................................. 61 Settlement Conferences ........................................................ 16 Traffic and minor violations .................................................. 17 Short Cause Trials .................................................................. 16 Co-Parent Workshop Program ............................................. 50, 51 Trial Briefs ............................................................................. 16 Court Administration .................................................................... 1 Class actions Application of Local Rules ....................................................... 1 Settlements ........................................................................... 21 Arbitration/Mediation Policy Statement .............................. 98 Clerks’ Offices Assistant Presiding Judge ........................................................ 1 Hours of Operation .................................................................. 6 Availability of Official Reporting Services ............................ 102 Juvenile Court ........................................................................ 89 Clerks’ Offices, Hours of operation ......................................... 6 Requests for Copies ................................................................. 7 Electronic Recording of Court Proceedings ......................... 105 Commissioners Executive Officer ..................................................................... 3 Stipulation to be heard by - Civil ........................................... 23 Judicial Officers ................................................................... 1, 3 Stipulation to be heard by - Family Law ................................ 37 Juvenile Court ....................................................................... 89 Community Service Media in Court ...................................................................... 12 Traffic and Criminal Cases ..................................................... 86 Presiding Judge ................................................................... 1, 3 Complex Litigation ...................................................................... 18 Public Access to Proceedings ................................................ 11 Compromise of Minor's Claim .................................................... 18 Recording in Court ................................................................ 12 Conservatorships and Guardianships Court Appointed Special Advocates (CASA) ......................... 95, 96 Attorneys Fees ....................................................................... 74 Court Reporters Conservator or Guardian Commissions ................................. 75 Availability of Official Reporting Services ............................ 102 Court Investigation Assessments (Costs) ............................... 68 Civil - Requests for Official Court Reporters for Trials......... 103 Declaration Under UCCJEA .................................................... 69 Family Law ............................................................................ 52 Guardianship Funds for Support of Minor............................. 69 Transcripts .............................................................................. 7 Independent Powers ............................................................. 68 Criminal Inventory and Appraisal and Accountings ............................. 71 Bail Bond Forfeiture .............................................................. 84 Inventory and Appraisal and Accountings - Reports ............. 72 Community Service ............................................................... 86 Inventory and Appraisal and Accountings – Separate Department Assignments ..................................................... 82 Accountings ...................................................................... 70 Expert Witness Fees .............................................................. 85 Inventory and Appraisal and Accountings - Waiver............... 72 Format of Papers................................................................... 82 Inventory and Appraisal Required ......................................... 70 Habeas Corpus Writs ............................................................. 86 Inventory and Appraisal, and Accountings Review Hearings 70 Jury Trials .............................................................................. 83 Limited Conservatorships ...................................................... 68 Local Bail Schedule ......................................

pus Writs ............................................................. 86 Inventory and Appraisal, and Accountings Review Hearings 70 Jury Trials .............................................................................. 83 Limited Conservatorships ...................................................... 68 Local Bail Schedule ................................................................ 87 Local Forms Required ............................................................ 69 Miscellaneous Fees ............................................................... 85 Notice of Petition for Appointment....................................... 68 Motions ................................................................................. 83 Registration of Private Professional Conservator .................. 75 Motions in Limine ............................................................. 7, 84 Successor Conservator/Guardian .......................................... 70 Orders to Calendar ................................................................ 87 Temporary Conservatorships and Guardians ........................ 67 Personal Surety Bonds .......................................................... 85 Termination ........................................................................... 73 Real Property Bonds ............................................................. 84 Waiver of Bond - Conservatee's Mental Capacity ................. 69 Remote Appearances ............................................................ 10 Continuances Search Warrants ................................................................... 85 Case Managment Conference ............................................... 14 Civil Trials .............................................................................. 17 D Family Law Request for Order ............................................... 40 Family Law Trial Continuances .............................................. 33 Demurrers Unlawful Detainers ............................................................... 21 Local Rules July 1, 2026 160

Superior Court of California County of Santa Cruz

Discovery Complaint Process, Custody Investigation and Evaluation ... 47 Informal Discovery Conferences Civil .................................... 20 Completion of Forms ............................................................ 31 Continuances on a Request for Order ................................... 40 E Co-Parent Workshop Program ........................................ 50, 51 Court Reporters .................................................................... 52 Electronic Filing............................................................................. 7 Custody Investigation and Evaluation ................................... 47 Courtesy Copies ....................................................................... 8 Domestic Violence Coordination Protocol ............................ 41 Criminal ................................................................................... 9 Elisors ...................................................................................... 3 Effective Date and Time .......................................................... 8 Ex Parte Matters ................................................................... 37 Electronic Signatures ............................................................... 9 Initial Status Conference ....................................................... 32 E-Service .................................................................................. 9 Judicial Mediation ................................................................. 36 Exceptions ............................................................................... 7 Mediation Briefs ................................................................... 36 Motions in Limine .................................................................... 7 Meet and Confer Child Custody ............................................ 43 Redaction of Confidential Information is the Filer’s Meet and Confer Requirement ............................................. 31 Responsibility ..................................................................... 8 Minor's Counsel .................................................................... 52 Self-Represented Litigants ....................................................... 7 Minor's Counsel - Complaint Process .................................... 52 Electronic Recording of Court Proceedings .............................. 105 Private Custody Mediation ................................................... 47 Maintenance of Recordings ................................................. 106 Remote Appearances ............................................................ 10 Monitors .............................................................................. 105 Settlement Conferences ....................................................... 33 Requests for Tapes .............................................................. 106 Spousal Support Guideline .................................................... 42 Transcripts ........................................................................... 106 Status conference ................................................................. 32 Elisors............................................................................................ 3 Status Conference Statement ............................................... 32 Evidence Summons, Service by Publication or Posting ........................ 39 Audio Recordings................................................................. 102 Supervised Visitation Providers ............................................ 48 Ex Parte Matters Timeshare percentages ......................................................... 43 Appellate Division ................................................................ 100 Trial Continuances ................................................................ 33 Civil, Matters Not Appropriate .............................................. 27 Trials ...................................................................................... 37 Family Law ............................................................................. 37 Family Law Facilitator General Civil .......................................................................... 23 Duties .................................................................................... 51 Juvenile .................................................................................. 90 Order Preparation ................................................................. 51 Probate .................................................................................. 55 Request to Advance Case Management Conference ............ 15 G Restraining Orders ................................................................. 25 Unlawful Detainers ................................................................ 25 Guardianships ............... See Conservatorships and Guardianships Executive Officer ........................................................................... 3 Exhibits ..................................................................................... 107 H Formatting ............................................................................. 23 Expert Wit

.............. 25 Guardianships ............... See Conservatorships and Guardianships Executive Officer ........................................................................... 3 Exhibits ..................................................................................... 107 H Formatting ............................................................................. 23 Expert Witness Fees Habeas Corpus Writs .................................................................. 86 Criminal ................................................................................. 85 Heggstad Petition ... See Trusts, Petition for Confirmation of Trust Assets F J Family Law Assignment of Cases and Challenges to Assigned Judge ....... 39 Judicial Arbitration ..................................................................... 99 Child Custody Evaluations .................................................... 44 Judicial Mediation ...................................................................... 98 Child Custody Recommending Counseling ............................ 43 Family Law ............................................................................ 36 Child Support Calculations .................................................... 43 Judicial Officers Commissioners, Stipulation to be heard by ........................... 37 Assistant Presiding Judge ........................................................ 1 Local Rules July 1, 2026 161

Superior Court of California County of Santa Cruz

Department Assignments ........................................................ 1 Mediation ............................................. See Arbitration/Mediation Family Law Assignment of Cases and Challenges to Assigned Meet and Confer Judge ................................................................................ 39 Family Law ............................................................................ 31 Judge’s Vacation Day ............................................................... 3 Family Law Child Custody...................................................... 43 Presiding Judge .............................................................. 1, 3, 89 Probate ................................................................................. 54 Jury Trials Minor's Counsel Criminal ................................................................................. 83 Complaint Process - Family Law ............................................ 52 Juvenile Family Law ............................................................................ 52 Access to Minors, Dependency Matters ................................ 92 Motions Appointment of Attorneys .................................................... 93 Civil Law & Motion Calendar ................................................. 19 Attorneys Criminal ................................................................................. 83 Qualifications and Continuing Education ......................... 93 Juvenile ................................................................................. 90 Calendar, Dependency .......................................................... 92 Motions to Strike Complaints Regarding Appointed Attorneys ......................... 93 Unlawful Detainers ............................................................... 21 Confidentiality of Dependency Matters ................................ 91 Contested Dependency Matters ........................................... 94 P Continuances of Contested Dependency Matters ................. 94 Court Appointed Special Advocates (CASA) .................... 95, 96 Photography, Broadcasting, Recording ...................................... 12 Dependency Mediation ......................................................... 94 Probate Ex Parte Matters .................................................................... 90 Accounts and Reports ........................................................... 66 Extended Visits, Dependency ................................................ 95 Appearances, when required ................................................ 53 Filing of Papers ...................................................................... 89 Bond Waivers ........................................................................ 60 Judicial Administration .......................................................... 89 Compensation of Personal Representatives and Attorneys in Juvenile Justice ...................................................................... 97 Probate Estates ................................................................ 65 Mexican Consulate's Access to Records ................................ 94 Continuances ........................................................................ 61 Motions ................................................................................. 90 Correction of an Order .......................................................... 54 Motions for Continuances ..................................................... 90 Declination of Executor ......................................................... 59 Presence of Child in Court, Dependency ............................... 92 Duties and Liabilities of Personal Representative ................. 59 Remote Appearance, Juvenile Justice ................................... 11 Elisors ...................................................................................... 3 Remote Appearances, Dependency ...................................... 10 Ex Parte Matters ................................................................... 55 Settlement Conferences, Dependency .................................. 91 Final Discharge ...................................................................... 63 Short-Term Residential Therapeutic Program ....................... 91 Inventory and Appraisal ........................................................ 60 Letters of Special Administration .......................................... 58 L Meet and Confer ................................................................... 54 Notices .................................................................................. 59 Law & Motion Calendar .............................................................. 19 Orders ................................................................................... 55 Arguments ............................................................................. 19 Petitions for Appointment .................................................... 58 Civil ........................................................................................ 22 Petitions for Distribution ............

..................................................... 55 Arguments ............................................................................. 19 Petitions for Appointment .................................................... 58 Civil ........................................................................................ 22 Petitions for Distribution ...................................................... 62 Continuances ......................................................................... 19 Petitions for Instructions....................................................... 62 Oral Testimony ...................................................................... 19 Petitions, time for filing ........................................................ 55 Tenative Rulings .................................................................... 28 Remote Appearances ............................................................ 10 Removal of a Personal Representative ................................. 65 M Sale of Real Property ............................................................. 61 Supporting Documents and Proposed Orders ...................... 58 Media Trial Brief ............................................................................... 54 Photography, broadcasting, recording in Court-controlled Trial on Contested Matters ................................................... 54 spaces ............................................................................... 12 Probate Attorney's Office ........................................................... 53 Remote Access ...................................................................... 11 Probate Referee ......................................................................... 57 Local Rules July 1, 2026 162

Superior Court of California County of Santa Cruz

R Ability to Pay ......................................................................... 87 Community Service ............................................................... 86 Real Property Continuances ........................................................................ 17 Probate Sale .......................................................................... 61 Remote Appearances ............................................................ 10 Real Property Bonds ................................................................... 84 Trial Briefs Remote Appearances ................................................................... 9 Civil ....................................................................................... 16 Appellate Division .................................................................. 11 Probate ................................................................................. 54 Criminal ................................................................................. 10 Trial Readiness Conference Juvenile Justice ...................................................................... 11 Criminal ................................................................................. 83 Non-Criminal ......................................................................... 10 Trials Public and Media Access ....................................................... 11 Civil Motions in Limine .......................................................... 15 Traffic and Minor Violations .................................................. 10 Civil Settlement Conferences ................................................ 16 Restraining Orders Continuances of Civil Trials ................................................... 17 Domestic Violence Coordination Protocol ............................ 41 Continuances of Family Law Trials ........................................ 33 Ex Parte Requests .................................................................. 25 Criminal Jury Trials ................................................................ 83 Remote Appearances ............................................................ 10 Criminal Motions in Limine ................................................... 84 Criminal, Trial Readiness Conference .................................... 83 S Family Law ............................................................................ 37 Juvenile Dependency Contested Matters ............................. 94 Search Warrants ......................................................................... 85 Long Cause Civil Trials ........................................................... 15 Service of Process Probate ................................................................................. 54 Family Law, Service by Publication or Posting ....................... 39 Requests for Official Court Reporters for Civil Trials ........... 103 Settlement Conferences Setting Cases for Civil Trial .................................................... 15 Civil ........................................................................................ 16 Short Cause Civil Trials .......................................................... 16 Family Law ............................................................................. 33 Trial Briefs Civil Trials ............................................................ 16 Juvenile Dependency ............................................................. 91 Trusts Special Needs Trusts ................................................................... 79 Accountings........................................................................... 76 Accountings ........................................................................... 80 Appearances, when required ................................................ 53 Conservator Compensation ................................................... 81 Attorney Fees ........................................................................ 79 Procedures ............................................................................ 79 Attorneys Fees ...................................................................... 74 Spousal Support Guideline ......................................................... 42 Bond for Trustee ................................................................... 77 Status Conference Consent of Trustee ................................................................ 79 Family Law ............................................................................. 32 Petition for Confirmation of Trust Assets ............................. 77 Family Law Status Conference Statement ............................. 32 Special Needs Trusts ............................................................. 79 Inital Family Law Status Conference ...................................... 32 Trustee Compensation .......................................................... 78 Superivsed Visitation Providers ........

....... 77 Family Law Status Conference Statement ............................. 32 Special Needs Trusts ............................................................. 79 Inital Family Law Status Conference ...................................... 32 Trustee Compensation .......................................................... 78 Superivsed Visitation Providers .................................................. 48 U T Unlawful Detainers Tenative Rulings Demurrers ............................................................................. 21 Civil ........................................................................................ 28 Ex Partes ............................................................................... 25 Traffic and Minor Violations Motions to Strike .................................................................. 21

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